Child custody is often one of the most overwhelming aspects of divorce, as both parents want to spend as much time as possible with the child. As such, both parties may not be able to reach an agreement about how to divide time, meaning the courts will step in to make the decision. When this happens, many parents worry about how their financial stability will influence what the court orders. If this reflects your circumstances, understanding how a Nassau County child custody lawyer can assist you through these challenging times is critical. Additionally, the following blog explores the importance of finances in a custody decision.
How Do the Courts Make a Decision on Custody?
Generally, the courts will make custody decisions based on what they believe to be in the child’s best interest. Essentially, this means they will prioritize the health and well-being of the child over the feelings, desires, or needs of the parent. This could mean granting joint or sole custody based on the factors at hand. As such, the following elements can influence the court’s decision in a custody battle:
- If there is a history of abuse or neglect from either parent
- If either parent struggles with substance abuse
- If either parent struggles with mental illness
- Each parent’s income
- The job demands and responsibilities of each parent
- The ability of each parent to provide for the child
- The child’s relationship with each parent
- Who the primary caretaker was prior to the divorce
- The proximity of each parent to each other
It’s also important to note that, when possible, the courts will try to grant joint custody. This is because they believe in instances where both parents are fit and able to care for the child, it’s beneficial for the child to have a relationship with each parent.
What Role Does Financial Stability Play?
Generally, the courts will consider financial stability when determining custody. However, it’s necessary to understand that this factor alone will not determine whether or not a parent is awarded or denied custody.
For example, a lower-earning or less financially stable may be able to more readily meet the child’s emotional and daily needs than the other parent who works a considerable amount. However, if the lower-earning parent’s financial instability means they cannot provide a safe location for the child to reside, this may lead to them being denied custody.
When it comes to custody, ensuring you do everything possible to fight for the best outcome and prioritize the needs of the child is critical. At Barrows Levy, we understand the importance of these matters, which is why we are dedicated to doing everything possible to assist you through these challenging times. Reach out to our team today to discuss your circumstances and learn how we can help you.
