Child’s Best Interest Standard in New York

There is no standard definition of the best interest of the child. However, the term usually refers to the deliberation that a court engages in when determining what will best serve a child as well as who is best suited to take care of the child. In addition, there are special child custody rules in New York State.

The considerations for a child’s best interests are made by evaluating numerous factors that are related to the child’s situation and the caregiver or parent’s circumstances and capacity to parent, with the child’s well-being and safety as the primary concern. Typically, a court will draft a decision based on this open-ended standard on a case-by-case basis.

The court will draw on a comprehensive inquiry into every child’s needs as well as the extent to which outcomes may be expected to meet those needs. Evaluating the different possible outcomes can help you avoid elevating one factor above the others.

In addition, it helps to prevent parental entitlements and stereotypes. When a court applies the best interest test, it will typically focus on numerous factors that are outlined in prior legal cases and statutes.

The reasoning behind drawing multiple factors is also supported in social science literature about children’s positive and negative outcomes after a divorce. These may include aspects of:

• Psychological adjustment and parenting of custodial parents;
• The type of relationships that children have with their non-resident parents;
• The extent and types of conflict that may exist between the parents.

The child’s best interest standard allows a court to consider protective factors and apply knowledge from psychological research to the specifics of each custody case. By doing so, vulnerable children are protected from some of the possible negative outcomes that occur after a family goes through a divorce.

If an individual has any questions regarding the child’s best interest standard in New York, they should consult with a New York attorney.

How Does New York Court Decide on the Factors Used in Child’s Best Interest Standard?

The New York Bar provides that, in all custody proceedings in New York, the main issue in awarding custody is the best interest of the child. The best interest of the child implies that a court is required to balance the ability of each of the parents to meet the needs of their child or children.

A court will make child custody decisions in New York based on the best interest of the child test by evaluating several factors. Typically, one factor itself will not determine custody.

Stead, the court will make a custody determination based on the totality of all of the factors.

What Are the Factors Used to Determine the Child’s Best Interest Standard?

The best interest of the child checklist in New York includes:

• Stability: Priority in custody disputes is given to the parent who was first awarded custody, either by the court or by a voluntary agreement between the parents;
  • For example, one parent may leave the home, and the other parent raises the child for a while without the other parent’s presence in the home. If this is the case, the court will weigh the stability of keeping the child in the home rather than changing custody to the other parent;
• Child care arrangements: In many situations, both parents have to work. Priority may be given to the parent who has access to better child-care arrangements;
• Primary Caretaker: The court may favor the parent who was the primary caretaker of the child prior to the separation or divorce;
  • For example, the parents could reside in the same household, and one parent spends significantly more time taking care of the child while the other parent works or does other activities. In that case, the parent who was the primary caretaker would be more likely to be granted custody;
• Drugs and alcohol: Evidence of a parent engaging in drug and alcohol misuse may impact the award of custody;
  • If a parent has a substance abuse problem, they are less likely to receive custody;
• The mental health of the parents: Untreated mental illness, personality disorders, emotional instability, or poor parenting may affect a custody award. The parent who suffers from one of these conditions is less likely to receive custody;
• Physical health of the parent: A severe physical illness or disability that greatly affects a parent’s ability to care for their child may impact a custody award. The parent who is suffering from such a condition will be less likely to receive custody;
• Spousal abuse: Evidence that one of the parents has committed domestic violence against the other parent, especially in the presence of the child, will affect a custody award;
  • The parent who committed these types of acts against the other parent will be less likely to receive custody;
• Abuse, neglect, abandonment, and interference with visitation rights: Evidence that one parent abused, neglected, or abandoned the child will affect custody, and the parent who committed these acts against the child will be less likely to receive custody;
  • In addition, evidence that one parent significantly interfered with the visitation rights of the other parent may cause the offending parent to lose custody;
• Child’s preference: The child’s preference to reside with one of the parents may be taken into consideration, depending on the age of the child. The closer the child is to 18 years of age, the more weight the court will provide to the child’s wishes;
  • The court, however, will closely examine the reasons why the child prefers to live with one parent;
  • For example, the child might prefer to reside with a parent who is not properly disciplining them or who does not set appropriate boundaries for them. If so, the court may find that it would not be in the child’s best interest to reside with that parent;
• Finances of each parent: A court will determine which parent can provide financially for the child;
  • For example, if one of the parents is unable to afford to house, then this may influence a court to not give custody to that parent;
• Conditions in the home environment: A court will not allow placing a child in a dangerous or unhealthy household;
  • For example, if one household poses a danger to the child, such as a new romantic partner that is violent, frequent parties at the home, or dangerous items kept at home, this may affect custody;
• Educational opportunities: One parent might be able to offer the child much better educational opportunities, for example, a great school or a school that meets the child’s special needs. In this case,this may impact custody, and the parent who is better able to meet the child’s academic needs will be given custody;
• Where the child’s siblings reside: Courts prefer to keep siblings together when possible. If the child has siblings or half-siblings that reside with one parent, this may affect whether that parent is granted custody; and
• Court’s observations of the parents: A court will also evaluate each parent’s behavior in court. The court is more likely to award custody to the parent who will encourage the child to build a positive relationship with the other parent.

It is important to note that the court, at its own discretion, may also consider any other factors that may affect the best interests of the child.

When Do I Need to Contact My Lawyer?

If you reside in the State of New York and are involved in a divorce or other type of case involving a child, it is essential to consult with a New York child custody lawyer. These types of cases can be very emotional and difficult to handle.

Having a lawyer can be helpful in guiding you through the process of understanding the child’s best interest standard and how it will apply to your individual case. Your attorney can also help you present your best case in court for obtaining custody of your child or children.