The court essentially looks at what is in the best interest of the child. Based on the totality of the circumstance some of the factors that courts look at include but not limited to:

• the ability of each parent to provide for the emotional and intellectual development of the child, (Sandman v Sandman, 64 AD2d 698);
• the desire of the child, if age-appropriate, child's desire is not determinative (Ebert v Ebert, 56 NY2d 167 (1976); Obey v Degling,37 NY2d 768 (1975);
• stability and companionship of siblings (Friedwitzer v Friedwitzer, 55 NY2d 89 (1982);
• deterring self-help through abduction (Friedwitzer v Friedwitzer, 55 NY2d 89 (1982);
• the atmosphere of the home (Saunders v Saunders, 60 AD2d 701 (3d Dept 1977);
• the morality of the parents (Saunders v Saunders, 60 AD2d 701 (3d Dept 1977); and

the prospective educational probabilities (Saunders v Saunders, 60 AD2d 701 (3d Dept 1977.

Bronx Divorce lawyer Bryan J. Hutchinson will fight for the right to custody and visitation with your children. Call 718-671-0900 for a confidential consultation.