Going through a custody battle can be a tough time for many families, as it may feel as though they have no control over the outcome of their case, as these matters are left in the hands of a judge. However, parents often are unaware of whether or not their child’s preference will be considered by the courts. If you have questions or concerns regarding this matter, the following blog explores what the courts will consider and why it’s imperative to connect with a Nassau County child custody lawyer to explore your circumstances during these matters.
How Does a Court Decide on Custody Matters?
When the courts are presented with a child custody case, in which they must determine the parenting schedule, they will take a number of considerations into account before issuing a decision. Generally, the most important thing the judge assigned to the case must keep in mind is the standard known as “the child’s best interest.” Essentially, this means that the health, well-being, and safety of the child must be prioritized over all other wants and desires of the parents.
As such, some of the factors the courts will consider include the following:
- The age and health of both parents
- The ability of each parent to provide a stable home
- Whether there is a history of abuse or neglect
- If either parent has a substance abuse issue
- The primary caretaker of the child before the divorce
- How many children are involved
- The impact on the child’s life and education
Will a Child’s Preference Be Considered?
It’s important to understand that a child’s wishes are taken into consideration when determining a custody plan. However, the courts must determine the ability of the child to understand the decision they are making. For example, a young child may want to live with their mother because their father is more strict about ensuring they eat vegetables. As such, the courts would not give much weight to this preference. There is no age at which a child becomes “mature” enough to make this decision – the courts will examine these matters on a case-by-case basis.
When a child expresses interest in which parent they would like to live with, it may seem that under the “child’s best interest” standard, that should be considered above all else. However, this is not the case. This is because the courts understand that the child’s wants may not be in their best interest. This is especially true for younger children, who may be more easily manipulated by their parents.
As you can see, there are many considerations that must be taken into account when it comes to child custody. That’s why connecting with an experienced child custody attorney with Barrows Levy, PLLC as soon as possible to discuss your circumstances. Our firm understands the impact these matters can have on you and your loved ones, which is why we will do everything possible to guide you through these matters. Contact us today to schedule a free consultation with a member of our team.
