It’s no secret that divorce is incredibly emotional for the couple at the center. However, when they share children, it’s critical to understand that this process is just as difficult for little ones to come to terms with. To ease this confusion, the courts will do everything possible to prioritize the health and well-being of the child. Known as the child’s best interest, this is an important standard the courts consider during custody issues. The following blog explores what you should know about these matters and why it’s critical to connect with a Nassau County child custody lawyer who can guide you through these matters.
What Is the Child’s Best Interest?
The child’s best interest is a standard that the courts must consider when determining child custody. Essentially, this means that the judge assigned to your case will prioritize the health, well-being, and happiness of the child over all else. As such, they do not take the parent’s wishes or desires into consideration.
In most cases, the courts believe that having a relationship with each parent is in the best interest of the child. However, if this is not in the best interest of the child, the courts will not grant custody to a parent deemed unfit.
How Is This Decided By the Courts?
If you are going through a custody battle, the courts will generally begin by assuming that spending equal time with each parent is in the best interest of the child. However, as the courts consider several factors, the parenting split can change. These factors include the following:
- The age and health of each parent
- The income of each parent
- Where each parent lives in relation to each other and the child’s
- Instances or allegations of domestic abuse
- If there are instances of substance abuse against either parent
- If there are any accusations or allegations of child abuse
- Who the primary caretaker of the child was before the divorce
- The job demands of each parent
If I Have Concerns About Custody, What Should I Do?
If you are going through a divorce and have concerns about the outcome of your custody arrangement, understanding your legal options is critical. Generally, the most effective thing you can do is connect with an experienced child custody attorney. They can help fight on your behalf for the best interest of your child.
For example, if you have reason to believe that your child is in danger while in the custody of your ex-spouse, they can help gather evidence to support your claims and show that your child would not be safe in their care.
This process can be overwhelming and hard to navigate. Unfortunately, you’ll find that trying to navigate this process on your own can have unfavorable outcomes. At Barrows Levy, our firm will do everything possible to assist you. Connect with us today to learn how we can fight for you during these matters.