When a New York court evaluates a child custody or support matter, the “best interests of the child” come first and foremost. While parents are free to enter into a custody arrangement outside of court using mediation or another alternative dispute resolution process, a judge would be required to decide the outcome in the event of a dispute. It’s important to understand the factors a court would look at in a child custody matter — and how the “best interests of the child” are determined.

What is the Definition of “Best Interests of the Child?”

There is no concrete definition of what “best interests of the child” means in a custody case, since it is subjective and depends on each child’s situation. However, a generalized rule that courts will sometimes use refers to the circumstances and capacities of the parents to provide for the child’s safety and well-being. This means that a judge will determine custody based on who they think can best provide a safe, healthy, and happy environment for the child.

What Factors Does a Court Consider When Determining the Best Interests of the Child?

A judge in New York will consider a variety of factors when deciding the “best interests of the child.” While there is not one factor by itself that will usually determine custody matters when parents divorce or separate, the court will look at the totality of these factors. Ultimately, a judge must balance each parent’s ability to meet the child’s needs.

The factors a court may consider when determining the best interests of the child in a custody matter can include the following:

• Stability — A judge would evaluate whether a parent can provide a stable home environment for the child. A court would take into consideration each parent’s employment history, financial stability, living situation, lifestyle, and ability to ensure the child’s well-being.
• Childcare arrangements — If both parents are working, a court would look at which parent has better childcare arrangements when deciding custody.
• The primary caretaker — A judge would look at the bond a child has with each parent. The parent who was the child’s primary caretaker and cared for their daily needs prior to divorce or separation is more likely to be awarded custody.
• Substance abuse issues — Evidence of untreated alcohol or drug abuse can significantly affect a custody, with custody being awarded to the other parent.
• The mental health of the parents — A parent’s untreated mental illness or emotional instability can impact custody.
• The physical health of the parents — If a parent has a severe physical disability or health condition that would impact their ability to care for the child, they may be less likely to be granted custody.
• Domestic violence — A court would consider any instances of domestic violence between parents or in the household when determining custody matters.
• Abuse, neglect, or abandonment — Evidence that a parent abused, neglected, or abandoned the child can result in custody being awarded to the other parent.
• Each parent’s financial situation — Although custody is not based on which parent earns more income, a court will consider whether a parent can provide financially for the child and provide them with proper housing and care.
• The child’s preferences — A court may give weight to an older child’s wishes regarding which parent they prefer to live with. However, the judge would also evaluate the reasons the child prefers to live with that parent. If the court finds that the parent the child wishes to live with does not set boundaries or would not be able to provide a healthy home environment, it may determine that it is not in the best interests of the child to live with them.
• The home environment — A court will not place a child in an environment where they would be at risk of harm. A judge would evaluate the conditions in each parent’s home environment to determine whether the household is dangerous or unhealthy.
• Educational opportunities — A court would consider whether one parent can provide the child with better educational opportunities that would meet the child’s needs.
• Where the child’s siblings live — Courts prefer to keep a child with their siblings whenever possible.
• Each parent’s willingness to encourage a relationship with the other — A parent’s willingness to actively encourage the child to have a relationship with the other parent is a critical factor that courts will consider when deciding custody.
• Any other factors — The court can consider any other factors it deems relevant and appropriate that may affect the best interests of the child.

In addition, a court may also evaluate the behavior of the parents in the courtroom. For instance, whether parents have respect for the judge and can cooperate with each other can be considered by the judge as a reflection on their character and ability to properly care for the child.

Do Child Custody Matters Need to Be Decided in Court?

It’s essential to be aware that matters concerning child custody and the best interests of the child do not always need to be decided in a courtroom. Since parents know what is best for their children, courts encourage them to communicate and create a custody arrangement that works best for the children and the entire family. Specifically, mediation can be a useful tool to help parents determine the best interests of their children. Unlike with litigation, mediation can also keep conflict at a minimum in order to preserve the co-parenting relationship.

If parents can reach an agreement regarding custody without judicial intervention, they can submit their parenting plan to the judge for approval. Once the court signs the custody agreement, it becomes a binding court order that both parents must follow. If either parent fails to abide by the order, the other parent can bring an enforcement action in court.

Contact an Experienced Rochester Child Custody Attorney

Child custody matters can be complex and emotional. It’s crucial to have a knowledgeable and compassionate family law attorney by your side who can safeguard your rights and ensure the best interests of your child are met. At Duke Law Firm, P.C., we offer our clients experienced representation for a wide variety of family law and divorce matters, including those involving child custody disputes.

Offering personalized legal services and experienced counsel, we welcome you to contact us today to schedule a consultation to learn how we can help.