When parents dispute the custody of their child(ren), a judge must decide based on the child’s best interests. Even when parents agree, a judge will review their agreement to ensure it supports the child(ren) and could reject it when it does not.
Judges consider multiple factors when determining the best interest of the child in Saratoga Springs. A thorough understanding of those factors may help you frame your custody goals. Work with a knowledgeable child custody attorney to ensure you present a persuasive argument in support of your preferred custody arrangement.
New York Domestic Relations Law § 70 gives judges in Saratoga Springs broad discretion to decide custody, emphasizing the need to prioritize the children’s best interests. Case law provides guidance about how judges analyze these matters.
Judges try to maintain stability in a child’s home life, so there is a presumption in favor of keeping the children where they have been. Similarly, the parent who can demonstrate they had primary caretaking responsibility when the parents lived together may have an advantage in a custody dispute. The judge also will look at who will be caring for the children when the parent is at work and which parent has the resources to make and maintain a stable home.
Judges try to keep siblings together when possible, so when siblings are already living in a parent’s home, the judge may favor placing other children there. When either parent suffers from a physical or mental health issue that could impact their ability to parent safely, the issue is likely to be a factor in the judge’s decision. An attorney could present evidence showing that a parent’s health issue would or would not impact their ability to be an effective and responsible parent.
The child(ren)’s physical safety is just as important as their psychological adjustment. A judge will examine factors that could create an unsafe environment for children and determine whether they pose a risk.
A judge will consider any history of alcohol and drug abuse when deciding whether to place child(ren) in a parent’s home. Having a past substance dependency would not disqualify a parent, but a judge would consider whether they are managing their addiction and what measures they are taking to remain sober. A Saratoga Springs attorney could compile evidence and witness testimony to verify a parent’s attempts to overcome substance abuse issues when determining the best interest of the child.
A judge must consider any history of domestic violence, especially if it happened in front of the children, and any evidence the parent is abusive toward the child(ren). Judges are often reluctant to award custody to a violent parent and, in some cases, might order another responsible adult supervise that visitation. A judge may also deny custody when there is credible evidence that criminal activity takes place in a parent’s home or that a parent’s associate has a history of child abuse or exploitation.
Judges favor parents who can manage conflict well and protect children from having to experience their parents’ discord. Judges observe parents’ behavior in court and consider which parent is most likely to nurture the child(ren)’s relationship with the other parent. The more emotionally mature parent may have an advantage in the custody decision.
The judge will consider the child(ren)’s wishes concerning which parent they prefer to live with. The older the child, the more influence their preference is likely to have. However, a judge may try to discern why the child wants to live with one parent over the other. Sometimes, a judge appoints an Attorney for the Child(ren) to advocate for the child(ren)’s wishes.
A judge might also appoint a forensic evaluator, usually a psychologist or other professional, to get to know the child(ren) and the parents. The evaluator typically visits both homes and may interview school personnel, neighbors, and extended family to get a sense of the best placement for the child(ren). The judge does not need to follow the evaluator’s recommendation, but it is often influential in the custody determination and determination of a child’s best interest.
Parents who are overwhelmed with the stress of a divorce sometimes cannot step back and consider things from their children’s point of view. However, doing so is crucial to the children’s well-being and adjustment.
Judges invest substantial effort in determining the best interest of the child in Saratoga Springs. Knowing how they evaluate parenting plans can ensure you do the same. Reach out to a local child custody lawyer today for help.
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