If you are a parent who is seeking a divorce, you and your spouse will be required to address child custody. It’s a common misconception that the parent who spends the most time with the child would be more entitled to custody. However, this is not the case. Disputes over child custody in New York require the judge to decide based on the child’s best interests. Please continue reading to learn how courts determine the best interest of a child and how a proficient Suffolk County Child Custody Attorney can help fight for your family.
What Factors Will the Court Consider to Determine What is in the Best Interest of a Child?
In all custody proceedings, the court prioritizes arranging custody and visitation in line with the “best interest of the child” standard. This means the court must consider each parent’s ability to meet their children’s needs. This legal standard requires the court to consider various factors to determine the best outcome for the child rather than what the parents want. It’s important to note that no single factor will solely determine custody. Instead, the court will determine a custody arrangement based on a combination of factors to ensure the child’s overall well-being. The following include but are not limited to some of the factors the court will consider in determining what is in the best interest of the child:
- The number and age of children
- The needs of the child
- The child’s parental preference (if sufficient age)
- The stability of each parent’s home environment
- Each parents fitness
- Each parent’s income and earning capacity
- Each parent’s relationship with the child
- Each parent’s employment responsibilities and lifestyle
- The child’s educational needs
- The geographical proximity between the parent’s homes
- Any history of domestic violence, neglect, abandonment, or abuse
- Any other relevant factors
Should I Consider Mediation?
Generally, New York courts find that it is in the child’s best interest and for parents to agree on a custody arrangement. Mediation may be the solution if the parties cannot reach an agreement. Mediation before trial can facilitate a settlement. During this confidential process, both parties will meet with a neutral third party, a mediator, who will assist them in resolving their disputed issues. The primary goal of mediation is to help parents reach agreements on custody arrangements, visitation schedules, and other parenting-related matters cooperatively.
At the Law Offices of Susan A. Kassel, P.C., we understand that the stakes are high, as your parenting, custodial, and visitation rights are all on the line. If you are facing a custody battle, please don’t hesitate to contact our dedicated legal team, who can effectively represent your interests and safeguard your rights at every step.
