What is the Best Interests of the Child Standard in New York State?
When determining child custody, judges have to base their decision on some standard to determine how custody arrangements will be made. Prior to the “best interests of the child standard,” most states favored mothers in custody disputes and would assign them the bulk of the custody rights and parenting time. Today, we use a much better standard: The best interests of the child. When making custody decisions, judges are required to consider the best interests of the child.
In some states, there is a list of factors that judges must consider when deciding custody. These factors are codified in the text of the law. New York State’s custody statute is much briefer. Basically, it states that custody and visitation are within the judge’s discretion. The judge will consider the totality of factors when it comes to determining the best interests of the child.
New York State law does not mention specific factors that the judge must consider when determining the best interests of the child. Some other states mention these factors and include a list of them in the text of the law. New York does not. Instead, case law reveals what sorts of factors the judges consider when determining the best interests of the child. These include:
- The relative stability of the child
- The child’s preference
- The parent’s ability to provide guidance
- Parental fitness and stability
- History of parenting performance
- Willingness to promote an ongoing relationship with the other parent
- Desirability and continuity of a previous arrangement
- The home environment
- Emotional health
Because there is no established set of factors, and the judge’s discretion is all that is required to hammer out a custody arrangement, much can differ from judge to judge. When handling custody arrangements, you need an experienced Rockland County child custody attorney by your side who will advocate on behalf of you and your children.
Persevering the status quo
The New York courts will consider the child’s current circumstances when deciding issues such as where a child will live or who has legal decision-making authority over the child. In most cases, the courts will award shared custody, but one parent will act as the primary caretaker and the children will live with them most of the time. When making the decision as to who the child will spend the most time with, the courts will consider who they are spending the most time with now. In other words, the current arrangement is likely worth persevering to reduce disruption to the child’s life. If one parent acted as the primary caretaker during the marriage, the court will consider the role they played and maintain that role. If living with one parent requires a move to a new school district, the courts will consider that as well. Maintaining the children’s status quo is of paramount interest to the court.
Talk to a Rockland County, NY Family Law Attorney Today
The Law Office of Robert S. Sunshine represents the interests of parents in custody disputes. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.
