How Do Courts Determine the Best Interests of the Child in Custody Cases?
Jul 14, 2025
When determining the best interests of the child in custody cases, New York courts evaluate which arrangement will most promote the child’s health, safety, and emotional development, weighing multiple legal factors to ensure their welfare. They typically consider the following factors.
Stability
Courts seek to maintain a stable environment for the child, favoring arrangements that minimize disruption. A parent’s consistent residence, predictable daily routines, and the child’s established relationships with caregivers and peers all demonstrate stability.
Caretaking Capacity
Judges assess each parent’s ability to meet the child’s physical and emotional needs. This includes providing nutritious meals, supervising schooling, attending medical appointments, and showing affection and encouragement.
Child Care Arrangements
Evaluators review current child care plans, such as daycare providers or after‑school programs. Courts prefer arrangements with licensed caregivers and proven safety records, ensuring that the child receives proper supervision during work hours.
Substance and Alcohol Use
Evidence of drug or alcohol misuse can undermine a parent’s custody claim. Courts may require random testing or expert evaluations to verify sobriety and assess any history of substance‑related neglect or abuse.
Mental and Physical Health of Parents
A parent’s mental and physical well-being directly impacts their parenting capacity. Judges consider medical records, psychiatric evaluations, and testimony from health professionals to determine whether any conditions impair caregiving.
Domestic Violence
History of domestic violence from either or both parents is a critical factor. Under New York Family Court Act Section 651, any record of abuse against a parent or child can weigh heavily against custody or unsupervised visitation rights to protect the child’s safety.
Educational Opportunities
Courts evaluate each parent’s commitment to supporting the child’s education, including proximity to quality schools, attendance at parent‑teacher conferences, and involvement in extracurricular activities.
Financial Capability of Parents
While not determinative, a parent’s ability to provide stable housing, clothing, and education expenses is relevant. Courts examine income, employment history, and financial support arrangements.
Parents’ Behavior in Court
A parent’s conduct during legal proceedings matters. Demonstrating respect, honesty, and cooperation with court orders and evaluations can bolster a child custody claim, whereas hostile or evasive behavior may harm credibility.
How Can a Divorce Lawyer Help Your Custody Cases?
An experienced family attorney with a broad knowledge of Brooklyn statutes can guide you through each stage of a custody dispute. From gathering character witnesses and expert testimony to drafting persuasive custody affidavits, your lawyer will present compelling evidence of your parenting strengths. They will also negotiate custody and visitation agreements, protecting your parental rights while advocating for your child’s welfare at every turn.
Your attorney will help manage all key legal processes below:
- Filing a petition to commence the case.
- Overseeing the service of process to notify the other parent.
- Representing you at the initial hearing to request temporary orders.
- If ordered, they arrange a custody evaluation by qualified professionals to assess each parent’s caregiving environment.
- If settlement talks do not succeed, your attorney will defend your position at trial or pursue a negotiated settlement that serves your child’s best interests.
Secure Your Child’s Best Interests With The Best Legal Help
Regardless of how their relationship as a couple turned out, parents want to safeguard their child’s best interests. The Levitsky Law Firm and its experienced divorce lawyers have extensive knowledge in family law and offer committed support to secure a stable, nurturing future for your child.
Call us now to schedule your consultation.