Child custody isn’t awarded to one parent or the other overnight and a New York court is certainly going to consider many different aspects before granting any parent or guardian custody of a child or children. Whether you and your spouse are divorcing, separating, or you are looking to obtain custody of a child that isn’t biologically yours, there is a certain process you must go through before that can happen.
One aspect the courts are going to take into consideration, and probably the most important one, is your child’s best interest. Going through a split is not only difficult for you, but also for your child and you want to ensure that the home they are placed in is what’s best for them. There are many responsibilities that come along with caring for a child and the courts handling your custody case are going to want to assure you have taken all of these responsibilities into consideration. Many times, parents feel their decision is what is best for their child but have neglected to take into account what their child wants and needs.
If you are seeking more information regarding child custody in Poughkeepsie, New York, consider consulting with New York child custody lawyer Danielle Fenichel. She is a family law attorney who can explain all that there is to know regarding this type of legal matter and can address any questions you may have.
What Will a Judge Use to Determine a Child’s Best Interest?
According to the New York State Unified Court System, “the child’s health and safety shall be the paramount concerns when making a decision.” This means that whether a disgruntled ex-spouse is fighting for custody but isn’t exactly fit to take on this huge responsibility, it is likely the judge overseeing the case will use this to help get you the rights to custody. But, one of the issues that often arises is that one unhappy parent who isn’t quite suitable to handle sole custody might make accusations claiming you aren’t fit or able to manage taking care of your child. And if they have an aggressive and experienced New York child custody lawyer working for them, they might be able to provide “proof” of this.
Therefore, the best and most effective way to get what you want out of a child custody case is by hiring a Poughkeepsie child custody attorney of your own. The Law Office of Danielle Fenichel will not only help you initiate the process, but get you through the entire matter all the while helping to reduce the burden and stress that often comes along with it.
Now, in terms of your child’s best interest, the judge is going to look at a few different things and they each can have a tremendous impact on whether you or your ex are granted custody rights. Some of these include:
- Which parent has been the main caregiver/nurturer of the child or children. In other words, who has been doing more for the child?
- The parenting skills of each parent.
- The strengths, weaknesses and ability to provide for the child’s special needs if they have any.
- Mental and physical health of each parent.
- Work schedules
- What the child wants, of course their age can play a role in this as well.