Custody proceedings are often the most emotional aspect of a New York divorce. Even a couple’s children may end up being involved in the decision-making process when it comes time to determine custody – but how much influence do they really have? The answer is complicated.
Parents can control their own custody arrangements if they settle matters outside of court and pursue an uncontested custody order. How much weight they give their child’s opinions on the issue is then up to them. In scenarios where parents do not establish amicable co-parenting terms, however, they must litigate in family court instead. A judge will then determine how to divide parenting time and legal parenting authority.
To do so, a judge must consider what custody terms are in the best interests of the children. Judges must learn about the family’s circumstances, including the role that each parent has played previously in the children’s upbringing, the living circumstances of the parents and more. Factors that judges may consider include the following:
- The financial circumstances of the parents
- The ability and willingness of parents to meet the children’s needs
- The willingness of the parents to work with each other
- Any history of domestic violence
- Any substantiated claims of substance abuse on the part of either parent
- The bond between siblings
A child’s preference is another factor that may be considered. Older and relatively mature children may have an opportunity to express their feelings regarding the division of parenting time – but those preferences and feelings do not ultimately control the outcome of the case. At most, the judge may consider their preferences regarding which home they spend more time at, and which parent they have a closer bond with, as factors that should be weighed against the whole.
While there are cases where older children and teenagers may need to testify in family court, judges usually try to limit the stress that the children experience in a contested custody case or litigated divorce. They are more likely to interview the children privately instead of asking them in open court about their custody preferences.
There is no specific age at which the courts begin considering a child’s preferences, although older children are more likely to have a chance to express their wishes and for a judge to give their preferences more consideration. While teenage disputes with parents are common, children still generally have an obligation to submit to the authority of courts and to spend a reasonable amount of time with each of their parents as outlined in the custody order. In cases where parental alienation or extended separations have undermined one parent’s bond with the children, the court may even order reunification services.
Protecting the parent-child relationship in a divorce requires an understanding of how the New York courts manage custody disagreements to identify the most effective legal strategy possible. Experienced legal guidance during child custody determinations can help you pursue a resolution that benefits both parents and children.
Bryan L. Salamone & Associates, P.C. advises Long Island clients on all types of child custody issues, including the preferences of sons and daughters are treated under New York law. When you speak with us, we’ll examine your particular circumstances and find the best way to safeguard your interests. For a consultation, please call 631-388-6009 or contact us online.