What are the “best interests of the child” in New York?

On Behalf of | Oct 14, 2024 | Custody & Parental Access

There are few bonds stronger than a parent’s love for their child. That’s why custody cases can be so contested.

Both parents will likely want what is best for the child, but may not agree on exactly what that is. When parents can’t agree, the family court in New York will determine what is in the best interests of the child and establish a custody arrangement. How does the court determine what is in the best interests of the child

Each party’s current relationship with the child 

One aspect that the court will consider is the type of relationship that the parent and child already have. For example, has one parent always taken care of getting the kids dressed and taking them to school? The other parent may have been focused on work. 

In many cases, a parent and child can be estranged. Someone may have only just found out that they are the child’s biological parent. In these instances, the court may order supervised visitation so that a bond can be formed gradually. 

Each party’s parenting skills 

The court will also carefully assess the strengths and weaknesses of each parent. Parents must be able to show that they are responsible. Should either parent or child have special health requirements, this will also be a factor. Raising a child takes a lot of time, skill and effort, particularly if they have specific healthcare needs. 

Other factors 

While no set law defines the best interests of the child, the court follows certain guidelines. Other factors that will be considered include:

  • Whether or not there are safety risks (such as a history of domestic abuse)
  • The parent’s career schedule and the child’s educational requirements 
  • The child’s relationships with siblings and the rest of the family
  • The child’s preferences (when the child is mature enough to make an informed decision)
  • How well each parent cooperates and how likely they are to stick to any custody arrangement

With the right legal guidance, custody cases don’t have to be heated. 

At The Law Firm of Poppe & Associates, PLLC, our focus is relentless advocacy for our clients. If you or someone you know is going through a custody case, reach out to schedule a consultation at 646-665-3903 or by contacting us online. 
Let Me Be Your Brave

Mia Poppe, Esq.

Mia Poppe, Esq.
Managing Partner