Divorce New York Custody

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The courts in New York do not interfere with the religious upbringing of the child, while a child custody case is in progress. However, these courts do consider religion as a factor to determine child custody in the following cases.

• The religious practices of a particular parent endangers the welfare and health of the child
• The child has developed any ties to a particular religion

There are several factors (as mentioned below) that are contemplated by the court in determination of child custody. It must be kept in mind that any 1 factor does not determine the custody. The courts dwell upon the "totality of the circumstances" and their impact on the best interests of the child.

• The demeanor of the parents in the past
• The economical status of the parents
• If the child custody is changed from what it is at present, what is the possible impact on the child?
• The potential educational possibilities of the child
• The moral fitness of the father and mother
• The availability and capacity of the parents
• The ambience of the residences of the parents
• Whether each parent showers affection and care on the child?
• The relative stability of the father and mother
• Whether any parent has abandoned or seized the child? Moreover, whether any parent has defied the legal procedure at any instance?
• The number of months (or years) for which the custody plan, that is observed at present, has been in existence
• If the child is of adequate age, then the desires of the child regarding custody
• If there are 2 or more children, then, if these siblings would be separated, what would be the effect on them?

• Whether any parent has made unsubstantiated accusations of child abuse?
• Whether any parent has performed unauthorized relocation of the child to a distant destination?
• Whether any parent is willing to foster visitation? On the other hand, does any parent decline visitation?

The New York Domestic Relations Law was modified in January 2004. As per this amendment, if the grandparents in this state prove the existence of "extraordinary circumstances", then they may be bestowed child custody rights.

The term "extraordinary circumstances" implies a long interruption in custody. In order to prove the existence of this term, 3 things should have occurred.

• Separation of the parent and the child for minimum 24 continuous months
• During this separation, the parent must have voluntarily surrendered control and care of the child
• During this separation, the child must have lived in the residence of the grandparents

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