When going through a custody battle, you may hear the term “child’s best interest” thrown around. However, it’s imperative to understand what this truly means. In many cases, parents are unsure how the courts will determine what the best interest of the child is, which can lead to issues. As such, if you are going through a divorce or separation with the parent of your child, the following blog explores how the courts reach this conclusion. You’ll also learn why working with a Long Island child custody lawyer is in your best interest.
What Are the Different Custody Arrangements in New York?
First and foremost, it’s important to understand how New York courts can divide custody among parents. Generally, when parents divorce or break up but cannot agree on how to split custody, the court must get involved to determine the outcome in accordance with the child’s best interests standard.
There are two forms of custody that can be awarded – physical and legal. Depending on the circumstances, these rights may be awarded solely to one parent or shared jointly between both parents.
Physical Custody
Physical custody represents where the child lives and who is responsible for day-to-day care.
- Joint physical custody allows the child to spend considerable time with both parents
- Sole physical custody names one parent as the primary custodial parent
- The non-custodial parent may receive visitation or parenting time
- The court will consider a number of factors when determining a physical custody outcome
- Judges will consider which parent primarily handled the needs of the child prior to the divorce
Legal Custody
Legal custody refers to the right of a parent to make decisions for the child. These decisions can include matters like:
- Where the child goes to school
- If they practice and participate in religion
- Mental health care
- What extracurriculars the child participate in
- What medical care they receive
What Do Courts Mean By the “Best Interest of the Child”?
If you are going through a custody battle in Suffolk County, Nassau County, or anywhere in New York, it’s imperative to understand the factors the court considers when examining how to award custody. When these matters arise, the courts adhere to the “best interest of the child” standard. There is no universally recognized definition, as the best interest of a child can vary based on each family’s circumstances.
Essentially, this means that the judge assigned to the case must make custody decisions based on the best possible outcome for the child’s health and well-being.
As such, this prioritizes the child’s needs above the wants and wishes of the parent. Additionally, if the child is old enough to express their preference, the court may not consider this if it does not reflect the best possible outcome.
It’s also important to understand that the courts have broad discretion over these matters, meaning the courts will carefully consider the unique circumstances of each family rather than adhering to a rigid formula.
Factors Considered by the Court When Determining the Best Interests of the Child
- The age and health of each parent
- The income and job responsibilities of each parent
- Who the child’s primary caretaker was prior to the divorce
- Where each parent lives in relation to the other
- Where each parent lives in relation to the child’s school, community, and extracurriculars
- The ability of each parent to cooperate with the other
- The willingness of each parent to adhere to a court-ordered custody schedule
- Any allegations of abuse or neglect
- Any allegations of substance abuse
- If they are old enough, the child’s opinion
- Any other factors deemed relevant by the courts
Is Equal Custody Presumed in New York?
It’s important to understand that, in New York, the courts typically recognize that the child will benefit from maintaining a meaningful relationship with both parents when viable and safe to do so. While the courts will attempt to facilitate this relationship, there is no automatic presumption of equal custody under New York law. As such, the courts will consider:
- If equal parenting time is feasible
- The geographic location of each parent’s home
- The educational and emotional needs of the child
- If equal custody promotes stability
- If the parents are able to communicate effectively with one another
Contact an Experienced Suffolk County Family Law Firm Today
As you can see, there are a considerable number of circumstances the courts can examine to determine how to award custody in New York. Because Long Island custody disputes commonly involve school district considerations, communication, and parenting schedules, local courts may closely evaluate how proposed custody schedules impact the routine and academic stability of the child. That is why it is critical to work with an experienced attorney with the Law Offices of Jay D. Raxenberg, P.C., to help you navigate these complex matters and to fight for the best outcome for you and your family. Contact us today to learn more.
