For many parents, custody is one of the most pressing matters to arise during divorce, as both parents likely feel entitled to as much of their child’s time as possible. However, one of the most common questions that a Nassau County divorce lawyer receives about this process is whether or not the judge will consider their child’s preference when determining custody matters. Unfortunately, the answer depends on several factors. As such, the following blog explores what you should know about these important custody matters and why working with a lawyer is critical to fighting for the best possible outcome.

What Factors Are Considered in Custody Cases?

First and foremost, it’s imperative to understand what factors are considered when a judge determines how custody should be split between the parents. Above all else, however, the courts will follow what’s known as the “child’s best interest” standard when determining custody measures. This means that the court will prioritize the health, success, and well-being of the child above all else. As such, the courts will consider the following factors when making custody decisions:

  • The age and health of each parent
  • The income of each parent
  • The job demands and responsibilities of each parent
  • The willingness of each parent to provide a safe and stable home environment
  • Who the child’s primary caretaker was before the divorce
  • Where each parent lives in relation to one another as well as the child’s school, community, and extracurriculars
  • Any allegations against either parent for substance abuse, child abuse, or neglect
  • Any other factors the court deems relevant in these matters

You should also note that in custody cases, the court begins with the assumption that equal custody is in the best interest of the child. This is because the court believes that the child has the best chance of success when fostering a relationship with both parents. However, equal custody is not always awarded, as the court may find factors that show equal custody is not in the best interest of the child.

Will a Judge Consider a Child’s Preference in Custody Matters?

It’s important to understand that the judge may discuss your child’s preference regarding which parent they live with. Many assume that their child must be a certain age in order to provide input. However, these matters are determined on a case-by-case basis, as the judge will consider the age, maturity, and child’s understanding of the situation when taking their preference into consideration.

You should also note that just because your judge spoke to the child does not mean their wish will automatically be the final say. As mentioned, the court must prioritize the best interest of the child above all else, including the wishes of the child. If the judge finds that what the child wants to happen would not be in their best interest, they are obligated to enforce what would be ideal for the child.

As you can see, there are a number of important factors that must be taken into consideration when determining child custody. That is why it is critical to connect with an experienced attorney from the Law Offices of Jay D. Raxenberg, P.C., as soon as possible. We understand how complex custody issues can be, which is why we are committed to fighting for the best possible outcome for you and your family. Contact us today to learn more.