Factors Considered During Child Custody Decisions in New York

Negotiating a child custody agreement is often the most difficult and important decision you will make while getting divorced. It’s not something you want to let the judge decide. And we doubt you want to try flipping a coin, asking a magic 8 ball, or doing  eeny, meeny, miny, moe either. 

Fortunately, the experienced family law attorneys at Aiello & DiFalco LLP can help you navigate this difficult process without leaving the well-being of your child up to chance. There are a variety of factors to consider as you make the case that your child will live their best life in your presence. 

Families Weigh Multiple Factors When Determining Child Custody Under New York Law 

New York courts base custody decisions on the “best interests of the child” standard, so negotiating a custody agreement with this in mind ensures the judge will not feel the need to meddle with the agreement you and your former partner have struck. Below are a few of these factors and how families on Long Island often apply them.

Parenting Ability

You and your former partner’s willingness and ability to provide a safe and loving home for your child is the most important factor. Your child needs a roof over their head and food in their belly, but they also need to be there for them when they struggle with homework or start participating in extracurricular activities. 

Parent-Child Relationship

It is also important to consider which parent has been the primary caregiver. If you have been the one taking your child to doctor’s appointments, attending parent-teacher conferences, and providing emotional support, this can work in your favor.

Stability of the Home Environment

Stability is particularly important to children of divorce. So much in their life is changing right now, it may be helpful for them to live with the parent who is closest to their school, extended family, or friends. 

Parental Work Schedules

Your ability to spend time with your child and accommodate their schedule is another significant factor. If you have the flexibility to work remotely or adjust your hours to align with your child’s needs, you can make a strong argument that you should have primary physical custody.

Financial Stability

While financial resources alone don’t determine custody, your ability to provide for your child’s needs is considered. Many wealthy families on Long Island value a parent’s ability to pay for private schooling, tutoring, extracurriculars, travel, or specialized care.

Sibling Relationships

If you’re the primary caregiver for a child from a previous relationship, you can make the argument that it is in both children’s best interest for them to live together and maintain their strong sibling bond. 

Child’s Preference

Depending on your child’s age, he or she should get a say when deciding where to live. But this doesn’t mean that a teenager should unilaterally decide to move in with the parent who doesn’t make them do their homework or go to bed at a decent hour.

Parental Conduct and Fitness

While it is important for you and your former partner to attempt to develop a positive co-parenting relationship, if there is evidence either of you has a history of substance abuse or domestic abuse it will weigh against you during negotiations over child custody. Furthermore, a Long Island family court judge is unlikely to approve a custody agreement that awards primary custody to someone with these issues. 

Dedicated to You & Your Family in Your Time of Need

Your child’s future is not something you want to gamble on. Understanding the factors at play when custody of your child is at stake can help you come to the negotiating table with a plan that will best serve your child’s needs. 

Partnering with the Aiello & DiFalco team will ensure you don’t leave this important decision up to chance. Contact us today to schedule a consultation and take the first step toward securing your family’s future.