If you have been through custody or child support hearings, you may have heard the term “best interest of the child” used when referring to decisions made by the court. Any and all decisions regarding children involved in a separation or divorce are made while keeping in mind what would most benefit the child and their needs. As a parent, it is important that you understand what this phrase means and what your rights and responsibilities are regarding your child. To learn more and secure skilled legal representation during your case, reach out to a Suffolk County family law attorney today.

What Does “Best Interest of the Child” Mean in an NY Court?

It is important to understand that there is no set definition of the “best interest” of a child. However, the term refers to whatever custody, support, or other situation that will most likely benefit the child during their growth and development. The best interest standard takes into account both the child’s physical and emotional health.

The child’s best interest will be different for every family and will heavily depend on the character and personal situation of each parent, as well as their capabilities.

How is the Child’s Best Interest Determined?

You may be wondering, if there is no standard definition of the best interest of the child, then how is it determined during child custody and support hearings? New York courts examine nearly all details of the child’s and parents’ lives to gain a clear understanding of how the relationship between each of them is, each party’s behavior, and each party’s fitness to parent. Only after examining the following factors can a determination be made regarding an arrangement that is in the child’s best interest.

  • Which parent has been the primary caregiver
  • The child care arrangements that each parent can offer
  • The stability offered by each parent
  • Whether there is evidence of either parent’s drug or alcohol abuse
  • The mental and physical health of each parent
  • Whether there is evidence that either parent has committed domestic violence
  • Whether there is evidence that one parent has ever abused, neglected, or abandoned the child
  • The financial situation of each parent
  • Each parent’s home environment
  • The educational opportunities that each parent can provide to the child
  • Where the child’s siblings live, if they have any
  • The court’s observation of the parents’ behavior
  • The child’s preference, depending on how old they are and their understanding of the situation

Each of these factors helps show the court how the child’s life will be if they were to live with either parent. It is important to consider their physical and mental health, socialization, relationships with relatives, educational opportunities, and more.

If you have questions or concerns regarding your rights as a parent, reach out to an experienced family lawyer today.