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What Is The ‘Best Interests Of The Child’ Standard?

Child custody decisions can be some of the hardest decisions divorcing parents in New York may face. After all, it can be heartbreaking to come to the understanding that after your divorce there will be times when your child is not in your care. Therefore, it is important that you understand your rights and options when it comes to child custody in New York.

Is favoritism a factor?

In New York, courts will not favor a mother over a father or a father over a mother based on the parties’ sex alone. Both parents, absent safety concerns, have an equal right to time with the child. Of course, it is not always feasible for an exact 50/50 custody order to exist. For this reason, courts will examine the best interests of the child when making child custody decisions.

What are the best interests of the child?

There are various factors courts will consider when issuing child custody decisions that are in the best interests of the child. For example, courts will consider which parent has been the main care giver in the past. Courts will also consider each parent’s parenting skills, as well as their physical and mental health. Each parent’s work schedules will be considered as well as the child’s relationship with other family members. Whether domestic violence is an issue may be considered, as may the child’s wishes, under certain circumstances. Finally, each parents’ ability to cooperate with one another and encourage to child to have a meaningful relationship with their ex will be considered.

Learn more about child custody in New York

When it comes to child custody in New York, it is imperative that the best interests of the child are honored. This post is for educational purposes only and does not contain legal advice. Readers of this blog can explore our firm’s website to learn more about their child custody rights and options.




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