Child custody is one of the most hotly contested issues when divorcing. When couples decide to end their marriage, they must devise a mutually agreed-upon child custody arrangement. If they cannot settle outside the courtroom, the decision will fall onto a judge’s lap. Parents must understand how the court will determine a custody agreement to know what to expect moving forward. A common concern among parents in such situations is whether the court will look at each spouse’s income or overall financial stability when determining who gets custody of the children. Please continue reading to learn about the factors the courts consider during a custody case in New York and how a dedicated Nassau County Child Custody Lawyer can help you protect your parental rights.
How does a parent’s financial stability impact custody decisions?
While a parent’s financial stability can play a role in the court’s custody decision, the court will ultimately decide based on the child’s best interest. To do this, they carefully examine several factors to determine which custody arrangement would suit the child’s overall needs. Generally, the court will try to award joint custody as they recognize that it is in a child’s best interest to benefit from having a relationship with both parents. However, in some cases, this custody arrangement is impossible as one parent may be unable to provide their child with a safe and stable living environment. The “best interest of a child” standard is practiced to protect a child’s emotional, mental, and physical well-being. That said, the court will consider the following factors when making a custody decision:
- The age of the child
- Whether the child has special needs
- Each parent’s ability to meet their children’s needs
- The relationship the child has with both parents
- The parent’s willingness to support each other’s relationship with their child
- Any history of substance abuse or criminal convictions
- Any history of abuse or neglect
- Each parent’s living situation
- The proximity of each parent’s house to the child’s school and one another
- The child’s parental preference, if old enough to express an opinion based on sound reasoning
As you can see, when determining custody, a parent’s financial stability is just one factor the court considers. They also consider other relevant factors to ensure the child’s best interests. However, if a parent’s income or financial stability prevents them from being able to provide a safe and stable living environment for their child, it will significantly impact the court’s custody decision. The court will not grant a parent custody unless it is found that they can provide a safe living environment.
If you are currently facing a custody battle, it is in your best interest to contact an experienced Nassau County child custody lawyer from The Law Offices of Eyal Talassazan, P.C., who can help you fight for a fair custody agreement.