The end of a marriage is never easy, especially when there is a child involved. That harsh reality recently set in quickly for a former Real Housewives of New York City star and her soon-to-be ex-husband as they left a Manhattan Supreme Court after a divorce hearing. According to the New York Daily News, the former couple has a two-year-old daughter and apparently some of the main topics of discussion between the parties, their lawyers and the judge dealt with custody issues and an upcoming trip for the child to go see her grandparents.
Custody issues can be a heated battle for divorcing parents, no matter what their status is in life. Parents often don’t want to face the fact that even though their marriage did not work out, arrangements have to be made for their child regarding visitation and other child-related issues.
The types of custody
According to the New York State Unified Court System, there are two primary types of custody: legal and physical. Legal custody deals with a parent’s right and obligation to make decisions regarding the child, while physical custody concerns where the child will reside.
In addition to legal and physical custody, a decision will also need to be made regarding the possibility of joint custody or whether one parent will get sole custody of the child. Courts grant custody based on what is in the child’s best interest and one parent will not be favored over the other.
What the court considers
There are a number of things that a court will take into account when it considers what is best for a child. For instance, the judge will examine:
- The mental and physical health of both parents
- Whether or not there has been domestic violence in the home or in the family in general
- Which parent has been the primary caregiver for the child
- The strengths and weaknesses of each parent with respect to their overall parenting skills
The court will also consider each of the parents’ work schedules, the ability of the parents to work together for the child’s sake, and depending on how old the child is, the court will also consider the child’s preference with regard to living arrangements.
Given all the factors to be considered, it is always a good idea for anyone who is dealing with child custody issues to seek counsel from a skilled attorney who can assist him or her with ironing out the details as much as possible while keeping the best interest of the child in mind.