Custody Factors in New York

There are many factors that the Courts look at when determining a child custody decision. All of the factors fall under the predominant factor, which is the best interest of the children and what will promote the children’s happiness and welfare. However, the Court analyzes various sub-factors including, but not limited to:

• Which parent was traditionally the primary caregiver to the children
• The availability of each parent to spend time and care for the children
• The willingness of each parent to co-parent and share information with the other parent
• The willingness of each parent to foster the children’s relationship with the other parent
• The ability of each parent to provide for the intellectual and emotional needs of the children
• The nature and quality of each parent’s home environment

These are some of the main factors that a Court looks at when making a custody determination but the list is not inclusive. The Court has discretion to decide which factors should be given more weight in a particular case. As the NY Court of Appeals (NY’s highest Court) stated in the landmark case of Eschbach v. Eschback, “The weighing of these various factors requires an evaluation of the testimony, character and sincerity of all the parties involved in this type of dispute. Generally, such an evaluation can best be made by the trial courtwhich has direct access to the parties and can supplement that information with whatever professionally prepared reports are necessary.”

If you have a New York Child Custody Matter and need to discuss with an attorney, please call Danziger Legal PLLC today and ask to speak to one of our attorneys.