How Does a Court Determine a Child's Best Interests for Custody?

The "best interest" of the child is indeed the key factor in determining which parent will have physical and/or legal custody of a child in Nassau County, New York. In other words, the courts must weigh each parent's ability to fulfill the child's needs in order to craft a custody agreement. This blog looks at nine factors that a New York court considers when determining the child's best interests in a custody case.

Note: The laws governing divorce and child custody in New York can be complicated. Therefore, you should think carefully about appearing in court without first consulting with a qualified New York child custody lawyer.

• Parental Stability: Priority is generally given in a child custody dispute to the parent who gets custody first — whether as mandated by the court or as part of a mutual arrangement between the parents. For example, if you have been looking after your child without your spouse's presence in your Nassau County home for several months, the court will consider this when determining custody and is likely to award custody to you.
• Child Care Arrangements: When determining custody, the court also considers a parent's ability to offer essential childcare, such as daycare, nannies, babysitters, or home-based daycare.
• Primary Caregiver: In a child custody case, the primary caregiver for the child is given priority. For example, if you stay at home to care for your child while your spouse works, you are more likely to win custody.
• Substance Abuse: The issue of alcohol or drug misuse will have a significant impact on custody arrangements. New York courts will always put children in homes where there are no harmful or illegal activities that could endanger their health, happiness, or quality of care.
• Mental Health & Overall Stability: Mental instability, mood disorders (e.g., depression, dysthymia, and bipolar disorder), and untreated mental health conditions can all have a bearing on court judgments. Parents who are dealing with these issues are less likely to win custody of their children.
• Physical Health: When issuing a custody order, the court also considers a parent's physical health. For example, if you have a severe physical impairment that limits your functional capacities to raise your child, you are less likely to have a custody claim.
• Spousal or Child Abuse: Evidence of spousal or child abuse, neglect, or abandonment reflects very poorly on a parent. Apart from the possibility of criminal charges, the abusive parent is extremely unlikely to be awarded custody of their child.
• Financial Condition: If one parent does not have a stable job or the financial resources to provide adequate housing whereas the other parent has both, the latter is more likely to be granted custody.
• Safety: The court will not place a child in an unsafe home environment. It will consider any dangerous items in the home, the overall quality of the parent's living conditions, whether the parent has any partners or friends with a criminal record, and other similar variables when determining custody.

Are you just getting started with your divorce proceedings? Or perhaps you already have a child custody agreement in place and are looking for a modification? In either case, working with a Nassau County divorce lawyer can be extremely helpful.

David L. Martin, Esq.​ has more than 33 years of experience in handling divorce and family law cases, with a great track record of winning cases.