How Do Courts Determine the Best Interest of a Child?

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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.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne

SERVING ALL OF SUFFOLK COUNTY

The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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