If you are a parent who is preparing to go through a divorce in New York, child custody may be a contentious issue. Understandably, both want to safeguard their parenting time. When parents cannot reach an agreement, the court will intervene. In all custody proceedings, the court must consider the child’s best interests. This legal standard was formulated to protect a child’s mental, emotional, and physical well-being and ensure their parents are fit to care for them. If you are facing a custody battle, it’s in your best interest to contact a trusted Nassau County Child Custody Lawyer who can help fight for your family. Please continue reading to learn what the judge will consider to reach a final decision and how to maximize your chances of achieving your custody goals.
What Does the “Best Interest of the Child” Mean in Custody Cases?
When it comes to child custody, decisions are not based on the parents’ desires but rather on the child’s needs and who best suits those needs. It’s important to understand that a family court judge will not make their decisions solely based on a single factor. The court will take several factors into account:
- The age and number of children involved
- The child’s needs
- Parental fitness
- Parental cooperation
- Parental involvement prior to and subsequent to the separation
- The geographical proximity between the parent’s homes
- The child’s educational needs
- Each parent’s work schedule
- The stability of the home environment offered
- The child’s parental preference (if of sufficient age and maturity)
It’s important to note that the courts assume spending time with both parents is in a child’s best interests. However, the court will award sole custody if a parent is deemed unfit.
How Do I Prove I’m the Best Option for My Child?
To convince a family court judge in New York that it’s in your child’s best interests to be awarded custody, you must demonstrate your active involvement in your child’s life and how you have prioritized their needs. Perhaps you can show that you regularly attend school events or help them study, as you are invested in their academic development. Keep track of your parenting duties. The court typically favors parents who spend ample time with their children. Jotting down notes about caretaking duties will show the court that you are trying to have a frequent and continuing relationship with your child.
You should draft a parenting plan proposal to show the court how seriously you take your child’s care and protection. This should represent a fair visitation schedule, demonstrating your willingness to co-parent. The court acknowledges that children benefit most when both parents are part of their lives. If you believe your child’s other parent is a danger to your child’s safety, it’s crucial to ensure you have strong evidence to back up your claims. It’s essential to prove you have a safe place for your child to live. Furthermore, the judge will evaluate how you act in court when deciding custody. It’s in your best interest to behave in court and act in good faith to avoid leaving a wrong impression.
At the Law Offices of Eyal Talassazan, P.C., we are prepared to help you protect your parenting rights and fight for your child’s best interest. Contact our dedicated legal team today to learn how we can assist you during these complex matters.
