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What Is The Best Interest Of The Child Standard In New York?

In this article, you can discover…

  • How your child’s “best interest” is defined in New York law.
  • The various factors the court will use to determine custody arrangements.
  • The role your child’s preferences play in custody decisions.

What Does “Best Interest Of The Child” Mean In New York Custody Cases?

While there is no strict definition of “in a child’s best interests” in New York, the courts will look at several different factors to determine what is best, overall, for your child.

Primary factors the courts will consider include…

  • Which parent has been the primary caregiver
  • Your respective work schedules and availability
  • Whether you and the other parent have a respectful relationship

The courts will also consider…

  • Whether you are following the court’s orders
  • Financial stability
  • Your fitness as parents
  • The quality of each home environment
  • The presence of any domestic violence or abuse issues.

How Will The Courts Determine The Best Interests Of My Child?

In many cases, a judge will order an attorney for the child (previously known as a “law guardian” or “guardian ad litem”) to be assigned to your child. As the name implies the attorney for the child is your child’s attorney, advocating for your child’s interests and well-being throughout the custody hearing process. The court may also order a forensic psychologist to report on the “best interest of the child”.

What Role Does The Child’s Preference Play In Custody Decisions?

Children 16 and older typically have a greater say in who they will live with. However, younger children, aged 10 through 15, may or may not have a say in where they live, depending on several factors. These factors include your child’s emotional maturity, intellectual level, and the reasons why they want to stay with one parent over the other.

For example, if your child wants to live with one parent over the other for purely frivolous reasons (such as one parent allowing them to stay up until 10:00 pm versus 8:00 pm), such a request would not be taken seriously by the court. Your child’s legal advocate would also work closely with your child to help determine what is truly in a younger child’s best interests.

Can Parents Challenge A Court’s “Best Interest” Determination?

Yes, if you disagree with the court’s ruling, you and your attorney can appeal the ruling to a higher court. Be aware, however, that the appeal process can take a long time, up to two years, and will be quite expensive. However, if you have the patience, money, and time to devote to the process and truly believe it is in your child’s best interests, you can certainly file an appeal.

How We Approach Cases Like Yours

In most cases where each parent’s respective abilities and resources are fairly evenly split, our approach is to settle and negotiate, instead of going to an expensive and time-consuming custody trial. It is important to note, that if a case goes to trial, you face the fact that a Judge may rule in favor of the other party. We have found that you obtain much better results through settlement and negotiation than in going to trial.

Yet, we recognize that in some cases, a custody trial is necessary and preferred. In those cases, we make sure that you are prepared for trial and that the court understands why you are seeking custody.

However, every child custody situation is different, and it’s best to consult with your attorney on how to best proceed based on the circumstances of your case.

Still Have Questions? Ready To Get Started?

For more information on What Is The Best Interest Of The Child Standard In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (631) 430-4445 today.

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