Best Interests of the Child
Long Island Divorce Lawyer Protects Your Family's Needs & Rights
If you are in the midst of a divorce with children, you should gain an
understanding of how the "best interest" standard is applied
in your case. One of the most difficult challenges to a divorce is discussing
and agreeing to a
child custody arrangement. In some cases, parents are able to amicably negotiate a mutually
beneficial arrangement, making it much easier for the family's relationships
to remain civil. At other times, however, divorcing parents are unable
to reach an agreement and must accept the court's custody decision. Our
Long Island divorce attorney can take aggressive actions to ensure that the best interest of the child
is made the first priority whether your child custody or
visitation case is being handled in or out of court.
Under New York state laws, the court will make child custody and visitations
decisions based on the best interests of the child. Judges within the
New York courts are not bound by a list of factors they must consider.
Instead, they practice discretion in regard to the specific circumstances
of that case. Some of the factors they may take into consideration include
the health of the parents, the relationship of the child among other family
members, and each parent's capability to provide for the child. Family
law decisions regarding children are ultimately based on the child's
What Impacts the Best Interest of the Child
Courts take into consideration a number of issues as they decide what is
in the best interest of the child. Courts consider allegations of child
abuse and domestic violence when they determine who should have child
custody. All parties of a divorce must also keep in mind that the best
interest of the child will constantly change throughout his or her lifetime.
After the court has determined a custody or visitation decision in regard
to the child,
modifications can be made at a later date as necessary. The best interest of the child
is still the primary focus as the court decides whether to approve a modification.
In fact, modifications throughout the course of that individual's
childhood may be necessary to ensure that the child's best interests
are maintained as the top priority.
The United Nations Convention on the Rights of the Child (UNICEF) has a
distinct mission to protect the rights of children and allow their voices
to be heard. The courts in New York have a similar goal when it comes
to deciding factors regarding a child's best interest. Preferences
of an older child often are given substantial weight within the family
court system. Younger children may be interviewed about their preferences,
which may also be factored into the court's decision. Relationships
that each parent has with the child are also assessed. If you would like
more insight into what the court may deem to be in the best interest of
your child, we encourage you to speak with our firm today. Call now to
schedule a free case evaluation!