In the state of New York, child custody arrangements always come down to the best interests of the children. Of course, what’s best for some kids may not be best for others, so judges consider the unique circumstances of each individual case before handing down their final court order.
Below are a few factors that may influence child custody rulings in New York:
The court will only award custody to parents who are financially and emotionally stable. This doesn’t necessarily mean you must be working full-time to have custody, nor does it mean you’re barred from being the custodial parent if you have a mental health disorder.
Instead, the court wants to see that you can provide a stable living environment for the kids, whether you’re doing so with regular earnings, spousal maintenance, child support, government benefits, or some other form of income. They also want to see that you’re taking care of yourself physically and mentally and that you’ve sought any necessary treatments for existing conditions.
Like it or not, logistics will play a role in your custody case. If you both work, for example, but your ex’s mother lives with him or her and can provide regular childcare, the court will take that into consideration. Family law judges will also consider which parent lives closer to the children’s school, which has more time to help with homework, and which will be around to drive them to and from extracurricular activities.
Does one parent have a much closer relationship to the kids? When children are especially young, it’s not uncommon for them to bond more with one parent than the other. As such, the judge is going to ask who serves as the primary caretaker and addresses most of the kids’ everyday needs. If you’re the one who gets the children ready for school every morning and tucks them in every night, this may help your custody case.
The older a child is, the more credence that may be given to his or her preferences. Before a judge awards custody to the parent the child wishes to live with, though, the court is going to ask why. Does the child have valid reasons for preferring one parent over the other, and will moving in with said parent be in his or her best interests?
Speak with a New York Child Custody Attorney Today
If you’re facing a contentious child custody dispute, turn to LoTempio P.C. Law Group for guidance. Our attorneys have more than 200 years of combined experience in the legal field.
We understand how much is at stake for those embroiled in a custody battle. While we will seek to reach an amicable agreement with the opposing party, we will not hesitate to take an aggressive approach where warranted.
Our lawyers have an in-depth knowledge of the relevant case law, statutes, and proceedings, and we know what it takes to win favorable outcomes in complex child custody disputes. Call 716-855-3761 or fill out our Contact Form to schedule a free case evaluation with a family lawyer in New York.