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If you’re going through a custody dispute with your child’s other parent, you’re probably wondering whether a judge will take into account what the child wants–if they do have a preference. While the short answer to that question is, “yes,” child custody decisions are complex and involve a variety of factors. Our Garden City child custody lawyers are here to help you better understand what goes into a custody decision and how a judge might approach your child’s preferences.
Factors That Influence Child Custody Decisions in New York
In New York child custody cases, the judge is tasked with deciding custody based on “the best interests of the child.” This test is used to determine the ability of each parent to meet the needs of the child. Factors that go into this test include things like:
- Parental stability
- Child care arrangements
- Primary caretaker status
- Drug and alcohol use by either parent
- Mental health of the parents
- Physical health issues of the parent or child
- Whether spousal abuse is present
- Any charges of abuse, neglect, abandonment, or interference with visitation rights
- Finances of each parent
- Home environment
- Educational opportunities
- Whether there are siblings to consider
- Court observation of the parents
- The child’s preferences
In addition to these factors, the judge has the discretion to consider any other factors that will help them decide the best interests of the child.
How New York Courts Consider a Child’s Preference
If a child is old enough to have a preference, the court will consider it in determining the child’s best interests. Among the factors used to assess the child’s preferences are:
- The child’s age. The older the child, the more weight a court may give to the child’s preferences.
- The reasons the child gives. For example, if the child wants to stay with a parent who does not set appropriate boundaries or provide adequate discipline, then the court may not honor those wishes.
- The child’s emotional maturity. If the child is able to clearly express why they prefer one parent over the other and can provide valid reasons for that choice they may have their preferences given more weight.
A judge will also try to assess whether a parent is exerting undue influence over the child, whether by emotional manipulation, physical threats, or bribery. In short, they look at all of the evidence available to them to assess the circumstances present in the family to make their determination.
How a Child’s Preference is Presented in Court
If your child does have a preference as to who they wish to live with, then they may make their request in a custody proceeding. The judge may conduct an in-camera interview (also known as a “Lincoln hearing”) with the child and typically, an attorney for the child will be appointed to express the child’s viewpoint to the Court. This approach helps alleviate any external pressures the child might feel from one or both parents and gives the judge the ability to assess the child’s ability to articulate their preferences and consider the reasoning behind their choices.
The judge may also hear testimony from witnesses, caseworkers, social workers or psychologists. After hearing all of the evidence, the judge will make their decision based on the child’s best interests.
Are You Facing a Custody Issue in Your Family?
Working out custody details is never a fun prospect, but with the right guidance, it can be less stressful. At The Saul Law Firm, LLP, our experienced Garden City child custody attorneys are here to guide you through every step, advocate for your rights, and protect your family’s future.
Schedule a consultation today to discuss your situation and learn how we can help you achieve the best possible outcome for your child.