How does a court decide who gets custody of the children in a divorce?

When deciding who gets custody of the children in a divorce, the court must consider the best interests of the children. Courts in New York will look at several factors when making their decision. First, the court considers the parents’ respective abilities to provide for the physical, mental, and emotional needs of the children. The court will also consider the fitness of both parents and their willingness to cooperate in making decisions regarding the children’s welfare. Additionally, the court will take into account the safety and stability of the home environment, the past history of the parents’ care of the children, the preference of the children (if they are old enough to express a reasonable opinion), and any other relevant factors. The court wants to ensure that the children will have a loving and stable home environment, even though the parents are divorcing. The court will carefully consider the facts and circumstances to determine which parent is best suited to provide that home environment for the children. Ultimately, the court may decide to award custody to one parent, or they may decide that it is in the best interests of the children to award joint custody.

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How does a court decide who gets custody of the children in a divorce?

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