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The Best Interests Of The Child In A New York Custody Case

Child custody and visitation matters can be some of the most difficult for New York parents to address when going through a separation or divorce. It can be unfathomable for a parent to imagine going from a life where they saw their child every single day to one where they may only have physical custody of them on weekends or holidays. Depending on the child’s best interests, the custody plan that their parents and family law court come up with can look very different from those crafted for other families.

In New York, child custody decisions are guided by the subjective principle of the best interests of the child. Different factors can be considered to decide what a child’s best interests are, but readers of this post are reminded that its contents do not provide legal advice. Parents who have concerns about child custody and visitation matters should consult with their trusted family law attorneys for help and answers to their questions.

Child custody factors in New York

To determine what a child requires to have their best interests met, courts and parents can evaluate some factors to consider what the affected children will need. Some of those factors may include:

  • The parents’ abilities to provide care for their child, including considerations related to their work schedules and commitments
  • The parents’ physical and mental conditions
  • The parents’ abilities and willingness to work together to raise their child
  • The preferences of the child, if they are old enough to form a preference
  • The presence of domestic violence in the family’s situation

This is not an exhaustive list. When a parent is concerned about how the custody of their child will be addressed, they should contact an attorney that they know for help.

Child custody outcomes in New York

Child custody is more than just deciding where a child will live once their parents end their marriage. It involves legal rights to make decisions about the child’s welfare in addition to the right to have the child live in the parents’ homes. It can be shared between the parents or granted exclusively to one of them. How courts decide custody matters depends on what a child needs to have its best interests met. This goal will result in different types of child custody plans to meet the needs of different kids.




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