If you’re going through a divorce with children involved, it’s imperative to consider child custody and visitation arrangements. If you cannot agree on a favorable custody and parenting arrangement that works for the child’s best interests, the decision will fall onto the court’s lap. In New York, judges believe that a child’s best interests are achieved when both parents have regular and ongoing access to the child unless it’s deemed that one or both parents are unfit, meaning they would negatively impact the child’s overall well-being. That said, as a parent undergoing a divorce, it’s crucial to take the necessary steps to ensure the best interests of your child are prioritized. If you are going through a divorce where child custody is a factor, contact a determined Rockland County Child Custody Attorney who can help you fight to preserve your child’s best interests. 

What factors will the court consider when determining the best interests of a child?

In the U.S., all states follow a “best interest of the child” standard when custody is disputed. While no specific formula is used to determine the child’s best interests, the court will typically consider various factors tailored to the particular child. These may include:

  • The ability of each parent to care for the child
  • The relationship the child has with each parent
  • The willingness of each parent to support each other’s relationship with their children
  • The parent’s relationship with their children before the divorce
  • Whether there is any history of abuse or neglect
  • Each parent’s living situation
  • How far apparent the parents live from one another
  • The child’s parental preference (if they’re mature enough to make a decision based on sound reasoning)

As you can see, the court will consider several factors when determining what’s in a child’s best interests.

What steps can I take to safeguard my child’s well-being during a divorce?

To ensure your child’s best interest during a divorce, you should try your best to work with your ex-spouse to arrange a custody agreement outside of court. If this can’t be done, you should always be respectful to the other party regardless of their behavior. Understandably, it can be difficult to avoid conflict when emotions are running high and valuable parenting time is on the line. However, you should put your negative feelings about your ex aside and focus on your child. You should compare your work schedule and consider how holidays, birthdays, and other important dates throughout the year will be handled so that both parents can remain active participants in the child’s life. It’s important to understand that compromising and cooperating is in your child’s best interests.

If you’re facing a custody battle, please don’t hesitate to contact a trusted attorney from The Law Office of Peter L. Jameson, PLLC, who can help you fight to preserve your child’s best interests. Allow our firm to represent your interest today to maximize your chances of achieving the best possible outcome.