Child Support & Custody

What Can I expect? Who usually gets the kids? The custody issue is complex but the courts generally look at several factors which interplay in their decision, such as the identity of the primary caretaker of the children, who is best able to provide for the emotional and physical and psychological well being of the child. Fitness of the parent also comes into play as does the length of time the children reside with on parent verses the other.

Keep a Custody Checklist, listing witnesses, activities of children, child's favorite toy, child's best friend, names, addressees of doctors, dentists, schools, etc. You can be sure that if your divorce entails a custody dispute your attorney and opposition counsel will ask you all about the above facts. Be familiar with your child’s birthday, the name of the children’s school and school teacher and guidance counselor, and become active in all activities involving the caretaking of your child. All of these activities will work toward your favor in a custody trial.

Keep a diary of daily events which strengthen your case. The more information you have the better you will be able to help your attorney in preparing the best possible case. Oftentimes these diaries are admitted into evidence, so keep one. You can not be expected to remember each and every ugly (and nice) event.

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Warning: The information contained herein is not intended to substitute for legal advice from your own retained lawyer in new york state. this article is merely informational in nature, and is based upon one attorney’s knowledge of the practice of family law, matrimonial law, domestic violence, custody, child support and orders of protection.

Retain counsel before you do anything to affect your marital status and follow the advice of the lawyer you retain, not what is written herein.