For parents who are seeking a separation or divorce, one of the most critical issues to make a determination about early on is that of child custody. Indeed, when child custody disagreements are drawn out, it is typically the child who suffers most. What’s more, the longer that child custody disputes go unresolved, the more parents spend in court and legal fees. To help you navigate your Herkimer County child custody case, contact the experienced child custody attorneys at the law offices of The Colwell law Group, LLC today – we work hard to swiftly and competently resolve your case and advocate for your child’s best interests.


New York Child Custody Laws

One of the most pressing questions that parents typically ask our lawyers is in regards to how a Herkimer County court will make a decision about with whom a child should live, what the visitations rights of the other parent might be, and how decisions about a child’s life will be made. In all cases, the court must consider the best interests of the child in making its determination. In order to determine what those interests may be, the court considers all relevant factors, including:

  • The mental and physical health of the parties involved;
  • Which parent is currently the primary caretaker;
  • The ability of each parent to provide a child with a stable home;
  • Any history of abuse or neglect;
  • The financial circumstances of each parent;
  • The child’s adjustment to home and community;
  • The relationship that the child maintains with each parent;
  • The relationship that the child maintain with other parties, and where these parties live (i.e. siblings, grandparents, etc.); and
  • The child’s preferences when the child is of a mature age to articulate such preference.

When a decision about custody of a child is left to the court, both parents will have an opportunity to present to the court evidence in their own favor. An attorney can help you in knowing which types of evidence are most effective, and how to prove to the court that being granted custody of your child is within the child’s best interests.

Creating a Parenting Plan

While parents must turn to the court to make a determination about child custody when they are not able to reach an agreement together, parents are encouraged to creating a parenting plan outside of the court system first. While it is natural for parents to have some differing opinions about the myriad matters that are found within a parenting plan, working with an experienced attorney or a talented mediator, and committing to resolving disagreements through collaboration are all highly advised.

Contact The Colwell Law Group, LLC for Legal Counsel Today

When custody and time with your child is on the line, you don’t want to go at it alone. When you call the Herkimer County child custody lawyers at The Colwell Law Group, LLC, you’ll immediately have an advocate on your side who is committed to working for you. Please call or text us today, or contact us online, to schedule your consultation.

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