How Are the Best Interests of the Child Determined?

Custody disputes and agreements can be incredibly stressful for everyone involved. In an ideal situation, the adults are amicable and respectful of each other while always considering what is best for the children. When your child’s other parent is unable to agree on options that meet these criteria, you may seek additional support from the court in providing a custody order that can do so.

In collaboration with your New York City child custody attorney from the Law Offices of Vivien I Stark, you can provide suggestions regarding your children’s needs and how you believe they can be met in an agreement.

Understanding the Best Interest of the Child

The standard for custody agreements in the state of New York is in the children’s best interest. This means any decisions regarding custody or visitation are made with this in mind. New York does not formally declare what ‘best interests’ mean, and cases will vary in the specific needs of each child, but generally, the considerations are:

Stability

Stability is a vague term encompassing several factors in the child’s life. Stability in the home can refer to the consistent availability of necessities like water, power, and food. It can mean that the people in and out of the home are consistent and safe and know they will consistently have a home.

Stability can also refer to the emotional and mental stability of the caregiver. A caregiver who is unable to attend to the child’s needs because of their own unmanaged mental or physical illness may not be able to provide a child with much-needed stability. Living with a volatile parent is not conducive to a healthy upbringing.

Relationship

The pre-existing relationship is relevant to what may be considered best interest. For example, providing sole custody to a parent when the child has a loving and close relationship with both parents can be traumatic for the child. Similarly, it may not make sense to provide 50/50 parenting time if a child does not have a close relationship with the other parent.

The stress of being away from the primary parent may outweigh the benefit of time with the other parent before developing a close, trusting relationship.

Conditions of the home

Children deserve to live in a clean and safe home. This concept can apply to several facets of their lives. It is in the child’s best interest to be with a parent who provides a home that is clean and free of violence or safety concerns. This standard generally means a home that is free of violence, drugs, or other crime. This also includes an environment free of hazards to the child’s health, like unmanaged pest or rodent issues.

Facilitating Healthy Relationships

The fact that children have the best outcomes when they maintain relationships with both parents following divorce is well-documented. This may look like a 50/50 parenting time split in a custody order. If there is a reason that custody arrangement may not be appropriate, the judge may consider the likelihood of one parent facilitating the child’s healthy relationship with the other parent. Separating your issue with your partner for the child’s benefit is considered in the child’s best interest. This is not the case in situations with abuse or neglect.