Developing a custody arrangement is one of the most emotionally and mentally challenging aspects of divorce. The courts will consider several factors when determining which parent will retain custody, but the children’s best interests are always paramount.
According to Child Welfare, there is no fixed definition of the “best interests” of a child, but it generally refers to the process by which the courts determine which spouse would be the best custodial parent. The child’s ongoing safety and well-being are the primary concerns in these matters.
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If you are going through a divorce with children, then you probably have questions about child custody matters. At the Elliot Green Law Offices, a Staten Island divorce attorney can help you understand the custody process, as well as how to represent the child’s best interests. Call us today at 718-260-8668 to schedule an appointment, and read on to learn how New York courts evaluate the interests of children in custody cases:
- Living Situation
The courts will not automatically grant custody to the parent who remains in the family home. When determining the living situation that is in the child’s best interests, the courts will consider several factors.
According to Child Welfare, the home must be a safe and suitable environment. There must be no evidence of crimes or drug abuse, and the structure itself must not indicate a degree of neglect.
If the parents live near each other, the judge may also consider a time-sharing arrangement. This means that the children may spend time in both homes on a regular basis.
- Essential Needs
According to Psychology Today, it is critical that parents have a thorough understanding of the child’s emotional and physical needs. The custodial parent must demonstrate an interest in the child’s daily life and have the means to facilitate ongoing growth and development. This includes showing an interest in activities like school, sports and doctor’s appointments.
- Parenting Skills
According to NYCourts, the judge will attempt to determine the parenting skills of each spouse. This includes examining each parent’s strengths and weaknesses, as well as their ability to cater to any special needs of the child.
- Wishes of the Child
The courts may also consider the wishes of a child if he or she is old enough. Age plays an important role in determining children’s best interests.
If the children are young, then the courts may determine that a regular routine is critical for their general well-being. On the other hand, if the children are in their teenage years, the courts may believe shared time between parents promotes a more balanced upbringing.
No two child custody cases are alike, but at the Elliot Green Law Offices, we can examine your situation and help you pursue a child custody arrangement that represents your interests and the interests of your children. To schedule an appointment with a Queens family lawyer, call us today at 718-260-8668.[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]
