Dividing time with your children is notably the most painful part of a divorce. The best interests of the children take priority in any New York child custody determination. When making this determination, New York courts examine a number of factors before ordering a child custody arrangement. The following are a few of the most significant considerations.
New York courts will examine each parent’s ability to care for the children. In making such a determination, the courts will study each parent’s age and health to ensure that they will be able to take care of the children. The courts will also review each parent’s earning ability and education level to make sure that the children will be provided for financially.
The home environment of each parent is carefully studied by New York courts in child custody cases. The court will not only make sure that a residence is clean and free of hazards, but that it is also a peaceful place to live. In the past, New York courts have denied custody to parents whose homes were chaotic or stressful for the children.
Further, New York courts will investigate whether one parent has attempted to alienate the other from the children. Judges have refused to award custody to a parent who has made efforts to damage the relationship of the children with the other parent. A parent must demonstrate willingness to promote the relationship of the children with the other parent.