The basis for determining child custody is what is in the child’s best interests. This standard makes the child’s welfare the primary determining factor in child custody cases. Judges will look into who is involved primarily in the raising of the child:
- Who has participated in the child’s school work,
- Who takes the child to the doctors, dentists and important appointments,
- The level of participation each parent has in the child’s life, and
- The parents’ availability with the child.
Primary Caretaker
If one parent has been the primary caretaker for the child, the Court’s will favor that parent in child custody cases. Judges try to maintain the continuity of the child’s lifestyle and routines.
Cooperation Between Parents
Each parent has an obligation to cooperate and encourage the child’s relationship with the other parent. Parents who instead of encouraging the relationship of the other parent sometimes prevent the other parent from maintaining a strong and loving relationship with the child. This will be looked at negatively by the Judge.
The best way to deal with child custody situations is to work towards an amicable relationship between the parents. Parents should try to work out a written parenting plan. The plan should make provisions for each parent to have quality time with the children. Parents should put the children’s best interests above their issues with each other. Parents who don’t get along with each other have a negative impact on their children’s lives.
The law firm of Schlissel DeCorpo LLP has been representing clients for more than 40 years in divorce cases. We can be reached at 718-350-2802, 516-561-6645 or 631-319-8262 or by e-mail at INFO@sdnylaw.com.
