Best Interests of the Child

How the New York Courts Decide on Child Custody

If you're a parent that is splitting from your child's other parent, or if you're seeking a divorce, matters involving child custody, visitation and child support will be at the top of your list of concerns. At Jason M. Barbara & Associates, P.C., we understand the importance of protecting your children during a divorce, and ensuring that you maintain continuous and meaningful contact with them at all times.

Attorney Barbara is highly skilled at handling child custody matters, which can be easily observed by his numerous appearances on national television programs including Good Day America, Good Day New York, and Anderson Cooper, and we would be honored to help you.

Exercising Your Parental Rights During Divorce

Whether or not you and your child's other parent were ever married, upon estrangement or divorce, you must be able to exercise your parental rights. In most cases children benefit greatly by having both parents in their lives; therefore, you will want to ensure that your rights are not forfeited.

When parents cannot come to terms on a child custody arrangement on their own, the family court will have to step in and decide for them. While New York has a history of lagging behind in current divorce trends, the state no longer gives preferential treatment to the mother in child custody cases. Today's laws award custody on what's in the best interests of the child.

What will the courts consider?

• Which parent has been the primary caregiver.
• Each parent's ability to provide for the child's needs.
• The mental and physical health of each parent.
• Any history of domestic violence or substance abuse.
• The work schedules and plans for childcare for each parent.
• The child's relationship with their siblings and family members.
• Depending on the child's age, his or her wishes.
• Each parent's willingness to cooperate with the other parent.

Speak with a Nassau County Lawyer

If child custody is an area of dispute with your spouse, you have the option to use mediation or go to trial. While mediation is generally preferable, in the cases of domestic violence, even if it didn't occur in front of your child, it may be better to have a judge decide instead of working with a mediator.

If you're worried about maintaining or obtaining custody of your child, we urge you to contact our Nassau County divorce firm to speak directly with Attorney Barbara in a free consultation!