Families are the foundation of our lives. For many of us, they are where we feel safest, most supported, and most understood. So when a marriage begins to break down, and divorce becomes a reality, it is no secret that one of the first and most pressing concerns parents have is what will happen to their children. Continue reading and reach out to the Jamestown family lawyers here at Raimondo & Sundquist LLP to learn more about how courts determine child custody in New York and how our team can help advocate for your child’s best interests. Here are some of the questions you may have:

What does “the best interests of the child” really mean?

Courts determine child custody in New York based on what is known as the best interests of the child standard. Though that phrase may sound broad, and perhaps even vague at first glance, it is anything but random. Judges analyze a wide range of factors before making any final determination. Some of the most common factors considered include the following:

  • Each parent’s ability to provide a stable and nurturing home environment. Courts want to ensure that children have consistency, structure, and emotional support.
  • The history of caregiving. Who has been primarily responsible for getting the children ready for school, attending medical appointments, helping with homework, and managing daily
  • routines?
  • The mental and physical health of both parents. If a parent is struggling with a condition that interferes with caregiving, the court will take that into account.
  • Any history of domestic violence or substance abuse. Safety is always paramount.
  • Each parent’s willingness to encourage a relationship between the child and the other parent. Courts do not look favorably upon parents who attempt to alienate the other.

How do courts decide between sole and joint custody?

Courts may award either sole custody or joint custody, depending on the circumstances of the case. Sole custody means one parent has primary decision-making authority over major issues such as education, healthcare, and religion. Joint custody allows both parents to share those decisions.

That being said, joint custody is not automatically granted simply because both parents request it. Courts examine whether the parents can effectively communicate and cooperate. If there is significant conflict, ongoing hostility, or an inability to make decisions together, joint custody may not be appropriate.

It is important to understand that even if one parent is awarded sole legal custody, the other parent will typically still receive parenting time, unless doing so would endanger the child.

Does a child’s preference matter in New York?

Many parents ask whether their child can simply choose where they want to live. The answer is not as straightforward as some might hope.

While a child’s preference may be considered, particularly if the child is older and demonstrates maturity, it is not the deciding factor. Judges evaluate whether the child’s wishes are reasoned and free from outside pressure. Even then, the court must ensure that the final custody arrangement truly serves the child’s best interests, rather than temporary desires or convenience.

Ultimately, child custody is an involved, often emotionally-charged issue, and should not be handled without a team of attorneys who can effectively advocate for your interests, every step of the way. Contact Raimondo & Sundquist LLP today.