If you are going through a divorce with children, it is necessary to establish a child custody agreement. If you and your former spouse are unable to reach an agreement outside of court, a judge will decide who will be granted custody of the children. The child’s best interests are the primary concern of the court when deciding on an appropriate arrangement. This can cause concern for many parents who worry that their financial stability could impact their chances of being awarded custody, as their former spouse may be able to provide a more stable environment due to their earning capacity. While the court will consider a parent’s finances, they will also review several other vital factors to determine an arrangement suitable for the child’s needs. If you are currently facing a custody battle, it is in your immediate interest to contact a qualified Rockland County Child Custody Attorney who can fight for you and your family. Please continue reading to learn how a parent’s financial stability can impact a custody decision.
How can a parent’s financial stability influence a custody battle?
In New York, the court will carefully review several factors to determine a custody arrangement that best suits the child’s needs. A judge will decide on both physical and legal custody according to the best interests of a child. The court prioritizes the child’s best interest to safeguard the child’s emotional, mental, and physical well-being. The following include but are not limited to some of the key factors the court takes into consideration when making a custody decision:
- The age of the child
- The child’s parental preference, if old enough
- Whether the child has special needs
- The child’s relationship with each parent
- Each parent’s living situation
- Each parent’s ability to provide a safe and stable living environment
- The proximity of each parent’s home to the child’s school and one another
- The relationship between the parents
- Each parent’s earning capacity and potential
- The mental and physical well-being of each parent
- Any history of domestic violence or abuse
As you can see, the court will consider factors beyond a parent’s financial stability. However, when a parent’s lack of income prevents them from providing a safe, stable environment for a child, the court is less likely to grant custody as it would not serve the child’s best interests. To be awarded custody, a parent must be able to provide a safe living environment for their child.
If you are facing a custody matter, you need a Rockland Count child custody attorney with the necessary experience. The Law Office of Peter L. Jameson, PLLC, is prepared to assist you in fighting to preserve your parental rights.