Best interests of the child are priority for family courts

On Behalf of | Dec 20, 2021 | Child Custody |

Many parents mistakenly believe they need to stay together in order for their children to thrive. However, children often benefit from seeing their parents happy, even if the parents have to separate to find happiness. If you and your spouse are unable to work out your marital issues, divorce may be the best choice for your family.

During the divorce, you and your ex will have to navigate many complex issues, including child custody and support. This may cause emotions to run high and even the most amicable divorce can quickly turn into a bitter dispute. The court, however, will always prioritize the best interests of your children to ensure that their physical, emotional, and financial needs are met.

Determining best interest of the child

There are certain factors New York courts look at when determining what would best serve a child’s best interests. Some of the most common factors include:

  • Age and health of child
  • Special needs of the child, if any
  • Physical and mental health of each parent
  • Earning capacity and income for each parent
  • Ability and willingness of each parent to provide child with stable living environment
  • Child’s preference (court will consider the preference of a child as to who they would rather live with, if the court finds the child to be mature enough)
  • Child’s relationships with other family members
  • Child’s involvement and connections in school and community

If you are in a custody dispute with your ex, it may be beneficial to contact an attorney as soon as possible. An attorney can represent you throughout the divorce proceedings while making sure your child’s needs are taken care of.



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