Children’s Best Interests
A gender neutral standard is utilized by courts in New York State to determine custody based on what is in the children’s best interests. There are a number of factors which courts consider on the children’s best interest issue. Among those factors are the following:
- who has been the nurturing parent for the child
- who has been the child’s primary caretaker
- the nature and circumstances of the relationship between the child and each of the parents
- does either of the parents have extended family members who help nurture the child
- are both of the parents in good physical and mental health
- are there drug addiction, alcohol abuse, physical abuse or sexual abuse issues involved in the relationships
- the child’s preference with regard to living with each of the parents
Custody Litigation
If the issues concerning custody and parenting time cannot be resolved amicably, custody litigation ensues in both the Family Courts and the Supreme Courts in the State of New York. When these matters are litigated, each of the parents has the right to show how giving custody to him or her would be in the child’s best interests. The parent’s gender no longer is a consideration in determining who should receive custody of the child or children.
Children Need Both Parents
All children have one father and one mother. Custody litigation is not a winner take all situation. Even if one parent receives sole custody of the children, the other parent should be entitled to extensive parenting time with the children. The best way to handle custody issues is to try to resolve them out of court. Litigation itself may create levels of animosity which is detrimental to the children.
About Elliot S. Schlissel
