How Is the Best Interests Standard Applied in NY Child Custody Cases?

In New York, if divorcing parents cannot reach an amicable arrangement regarding child custody, then a judge makes decisions based on what is deemed to be in the children’s best interests. 

Other states’ statutes have set criteria for determining best interests in custody determinations. New York’s custody law is less explicit. However, case law developed over time has clarified what factors are customarily evaluated when deciding how to allocate legal custody (decision-making authority) and physical custody (parenting time). A court will typically consider the following:

• Who acted as the primary caregiver previously
• Each parent’s availability to care for the child
• The ability of each parent to cooperate with the other
• The relationship the children may have with one another, and any half-siblings or step-siblings and each parent 
• The home environment of each parent
• The child’s preferences, especially when a child is mature enough to express a well-reasoned statement of their wishes
• Existing custody orders, including prior orders established through voluntary arrangements

Both parents have an opportunity to present evidence regarding what they believe may be best for their children, as well has evidence of potential harm. Judges will give careful consideration to substantiated claims of highly unstable and unsafe environments. For example, a documented assertion that one parent struggles with substance abuse issues drugs or alcohol could impact the allocation of parenting time. A history of domestic violence will also be relevant, especially if one parent directly physically abused the children or engaged in abuse of the other parent in front of the children.

Where there are accusations of misconduct or other intense conflict, a judge can order a forensic custody evaluation. This involves a mental health professional evaluating the family circumstances by talking with both parents, the children and other relevant parties. Medical records, school documents and testimony from mental health professionals working with the family or school teachers can play a role in the process. Once the forensic evaluation is complete, the evaluator will provide a confidential final report to the courts outlining the family’s circumstances in depth. While that report does not dictate custody terms, it can have a profound influence on what a judge ultimately decides.

Child custody disputes can be deeply emotional and polarizing. The assistance of an experienced New York child custody lawyer can be essential to presenting a case built on credible testimony and persuasive documentation.

At Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, New York, we assist parents in custody matters throughout Long Island. Schedule a free initial consultation by calling 631-360-0400 or contacting us online.