New York child custody lawyer Ryan Besinque (https://www.besinquelaw.com/how-does-a-court-decide-who-gets-custody-of-a-child/) of The Law Office of Ryan Besinque has recently published an enlightening article titled “How Does a Court Decide Who Gets Custody of a Child?” This in-depth piece offers a comprehensive overview of the factors that New York courts consider when determining child custody, providing crucial insights for parents navigating the complex aspects of custody disputes.
New York child custody lawyer Ryan Besinque emphasizes that the primary consideration for the court in child custody cases is always the “best interests of the child.” He explains, “The court evaluates multiple factors to assess each parent’s ability to meet the child’s needs. This thorough evaluation ensures that the custody arrangement supports the child’s overall well-being.”
In the article, New York child custody lawyer Ryan Besinque outlines the various factors that the court considers, such as the stability of the home environment, the quality of child care arrangements, and the mental and physical health of each parent. He notes that the court’s decision is rarely based on a single factor; instead, it is a holistic assessment of all relevant aspects.
Besinque states, “Stability is a key consideration. If one parent has already been providing a stable environment for the child, the court is likely to favor maintaining that stability.” He also highlights the importance of each parent’s child care arrangements, primary caretaker status, and any history of substance abuse or domestic violence. “The court takes into account who has been the primary caretaker and whether there are any concerns about drug or alcohol misuse, which can significantly affect custody decisions.”
The article further discusses the mental and physical health of the parents, the presence of spousal abuse, and any evidence of child abuse or neglect. Besinque explains, “Untreated mental illness or severe physical illness that impairs a parent’s ability to care for the child can influence the court’s decision. Additionally, any history of domestic violence or interference with visitation rights is heavily scrutinized.”
New York child custody lawyer Ryan Besinque also discusses how the court considers a child’s preference, depending on their age and maturity. “While the court does listen to a child’s wishes, especially as they get older, the ultimate decision is based on what is deemed in the child’s best interests,” he says. Financial stability, educational opportunities, and the conditions in each parent’s home environment are also critical factors that the court evaluates.
The article highlights that both parents are entitled to frequent and consistent visits with their children, even if there is a history of substance or domestic abuse. “A judge may order supervised visits if there are concerns about the child’s safety,” Besinque explains. He also clarifies that custody orders remain valid until the child turns 18, becomes emancipated, or the order is modified due to significant changes in circumstances.
Parents facing child custody disputes in New York are encouraged to seek legal counsel to navigate these complex issues. Ensuring that the custody arrangement aligns with the child’s best interests requires a thorough understanding of the factors involved and the guidance of a knowledgeable attorney.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque can offer comprehensive family law services to clients across New York City. Led by Ryan Besinque, the firm is dedicated to providing compassionate and informed legal assistance in matters of child custody, divorce, and other family law issues. The team at The Law Office of Ryan Besinque is committed to helping families navigate complex legal matters with confidence and clarity, further ensuring that their clients’ rights and interests are protected throughout the process.
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