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Child Custody

Rochester, New York, Child Custody Lawyer

New York family courts award child custody to one or both parents based on the best interests of the child. Increasingly, parents realize that custody battles are not in the best interests of their children and make an effort to settle matters as amicably as possible. Whether they are involved in a custody dispute or need an attorney to advise them about their options, parents should consult a knowledgeable attorney.

Comprehensive Child Custody Representation

Our attorney at the Rochester New York law firm, The Trotto Law Firm, represents parents in custody disputes, drafts custody agreements and undertakes post-judgment custody modifications. Our law firm helps parents determine which type of custody best meets their needs and the needs of their children.

Factors Involved in a Custody Order

The family court uses the following factors to determine what is in the best interests of the child:

  • Whether one parent is better able to provide for the children's emotional needs and intellectual development
  • The psychological and emotional stability of the parents
  • The quality of the home environment
  • The length of time that the children have lived in a stable home environment, and the desirability of maintaining continuity
  • The willingness and ability of each parent to facilitate a close and continuing parent-child relationship between the children and the other parent
  • The interest in keeping siblings together
  • The ages of the children
  • The preferences of the children
  • Whether there is a history of domestic violence, spousal abuse, child abuse or child neglect
  • The recommendations, reports, and testimony of expert witnesses
  • The recommendations, reports, and testimony of the guardian ad litem

If the parents cannot agree on custody and visitation, the court will use these factors to make a custody award for sole or joint custody with or without visitation, depending on the circumstances. Parents should know that their child will be assigned a guardian ad litem (an attorney for the child), who will act in the best interests of the child during the divorce process. They should also know that the court usually gives a great deal of weight to older children's preferences about where they live.

Contact The Trotto Law Firm in Rochester, New York, for more information about child custody.

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