Is it really in your child’s best interest to stay with you once you’ve finalized your divorce? It’s a tricky question – one that you, your ex-spouse and your child may have different answers for. When there are differences in opinion, does the state hold one higher than others? In New York, a court awards custody based on a best-interests-of-the-child standard.
Which court? The New York Supreme Court is the only court that handles divorce cases. When you start a divorce proceeding, the family court will transfer pending or new petitions to the Supreme Court. For some parents, this comes as a relief. Others consider it an extra challenge, especially when tensions are running high. You should be more mindful of how you present and conduct yourself.
The court determines custody and visitation based on each parent’s ability to meet the needs of the child under 18. It evaluates the child’s best interest using several factors, not just one.
Here are some common considerations and how they’re often assessed:
- Parent-child relationship: Priority goes to the child’s primary caretaker before the divorce.
- Parenting ability: Priority goes to the parent who can better meet special needs. Better parental capacity, childcare arrangements, finances and educational opportunities can enable this.
- Stability: Priority typically goes to the parent first awarded custody. This helps build a stable home for the child and reduces school and community adjustments.
- Interactions with siblings and extended family: Priority goes to the parent living with the other children. The court also favors the one spending more time with extended family, like grandparents.
- Mental and physical health: A parent is less likely to get custody if they have an untreated mental illness, personality disorder, emotional instability, severe physical illness or disability.
- Substance and spousal abuse: A history of drug and alcohol misuse or domestic violence against the other parent can affect custody.
- Child abuse: Evidence of abuse, neglect or abandonment of the child can affect custody. Note that excessive discipline is also considered emotional abuse.
- Court’s observations: The court examines the parents’ behaviors during proceedings. Priority goes to the parent more likely to encourage building a relationship with the other parent.
The court can consider other best-interest factors besides the ones listed here. Talk to your lawyer to better understand how you can strengthen your case.
High-conflict divorces and custody battles often stem from deeply rooted animosities. When confronting these issues in court, you may feel frustrated and vulnerable. By allowing your child’s happiness and safety to come first, you can make better decisions for their future and yours.