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The Law Office of Robert S. Sunshine, P.C. Motto
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When Would a Parent Be Awarded Sole Custody of the Children?

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Generally speaking, the State of New York wants to see two parents who are actively involved in their child’s life, regardless of whether their marriage lasted. In some cases, however, it may not be possible, feasible, or beneficial to have an unfit parent in the lives of the children. If you are seeking sole custody of your children because your partner is abusive or unfit, you should contact the Westchester County child custody attorneys at the Law Office of Robert S. Sunshine. In this article, we’ll discuss some circumstances under which a parent would be awarded full custody of the children.

Why do New York courts prefer joint custody? 

It is widely regarded as true that having both parents in a child’s life is in the best interests of the child. With joint custody agreements, the child can maintain a relationship with both of their parents and continue to live with both parents. However, it’s also true that sometimes, a sole custody arrangement is in the best interests of the child if one parent is abusive or otherwise unfit.

What is sole custody? 

Sole custody occurs when one parent has physical and legal custody of a child. This means that the child will live with one parent, and, in addition, that parent will make all key decisions regarding the child’s schooling, medical care, and extracurricular activities. The other parent might have the right to visit the child, but they will not have decision-making power over the child.

When is sole custody awarded during a New York divorce? 

  • One parent has a history of being abusive – The court has a vested interest in not wanting to put the child in danger where they would be at risk of domestic abuse by one parent or another household member. If one parent has a prior conviction for domestic abuse, is facing domestic abuse charges, or the child has an order of protection against the parent, the court is unlikely to grant joint custody of the child.
  • One parent has substance abuse issues – If one parent has an ongoing substance abuse problem, the court is less likely to grant them custody of their child. The court has a vested interest in keeping the child away from risky situations that they could encounter if one parent has a drug or alcohol problem.
  • One parent has untreated mental health problems – If one parent has mental health problems and refuses to seek treatment, it would likely prevent them from caring for a child.
  • One parent has alienated the child – If one parent has alienated the child from the other parent, the court will consider whether or not it’s in the best interests of the children to allow this parent to continue their smear campaign against the other.

Talk to a Westchester, NY, Child Custody Lawyer Today 

The Law Office of Robert S. Sunshine represents the interests of Westchester County residents during their divorce. We can help with all matters related to child custody. Call our Westchester County family lawyers today to learn more.

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