Who usually wins in a custody battle?

In divorce, there is so much to be decided and divided. Taking steps to dissolve a marriage requires considerable effort on the part of both parties. This is especially true if children are involved. If you are nervous about a potential custody battle, it is important to know that the old myth that the courts favor the children's mother just isn't accurate anymore. More and more, both moms and dads are being granted joint custody, rather than mothers receiving sole custody.

What the law tries to provide

New York law specifically states that custody should be determined based on the best interests of the child, which usually results in some kind of joint custody arrangement. The courts want children to maintain positive relationships with both of their parents. A joint custody arrangement typically includes a specific schedule for parenting time that suits everyone involved. This can even be a 50/50 time split, instead of the traditional "every other weekend and Wednesday nights" arrangement that many fathers were given in the past.

Why avoiding a battle is best

The reality is that any kind of battle between the parents will negatively affect the children. The best thing parents can do is come up with a plan before they go to court. Making co-parenting decisions together will allow the resolution of the divorce to go much smoother.

If you cannot come to an agreement on most aspects of child custody, the final decision will be determined by a judge in court. They will look at a variety of factors to determine how the children should divide their time between mom and dad. The judge will name a primary caregiver, make decisions about the child's education, possibly consider the preference of the child, and consider the overall the best interests of the child or children.

Trying to make a divorce less contentious is sometimes difficult. But, putting your kids first can make the process easier. If both parents can come together to make decisions based on the best interests of the children, everyone can win in child custody proceedings.

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