What is the judge looking for in my child custody case?

What factors do the courts weigh when they determine which parent will be awarded custody of the children? Actually, there are many, with the primary focus remaining on what is in the children's best interest.

Below are some factors that a New York family law judge may weigh before making a decision in a disputed custody case.

-- The gender and age of the children, along with their mental and physical health histories;

-- The physical and mental histories of the parents;

-- Both parent's ability to physically and financially provide their children with life's necessities like clothing, food, shelter and medical care;

-- The children's quality of life as it is at the time of the custody action, and the adjustment they would face if they had to move to another home and/or change schools;

-- The habits and vocations of the parents, e.g., are either heavy smokers or spend a great deal of time drinking and partying?

-- The preference of children 12 and older;

-- How willing either parent is to support the other's ongoing relationship with the children;

-- The strength of the connection between the kids and their parents'

-- Any histories of one parent maliciously leveling false accusations of child abuse against the other;

-- The custody preferences of both of the parents.

When all of the above factors are weighed and both parents appear to be suitable caregivers for their children, a judge may consider which environment would be the more stable of the two.

It is never a good idea to sign any documents regarding the custody of your children without getting your own family law attorney to review them and advise you on their merits.

Source: findlaw, "Getting Custody FAQ," accessed Aug. 07, 2015

No Comments

Leave a comment
Comment Information
  • Rated By Super Lawyers
  • AV Preeminent®
  • Marquis Who's Who
  • Phi Alpha Delta Law Fraternity International
  • American Bar Association | Defending Liberty Pursuing Justice
  • G
Get Answers

Contact Us For The Answers You Need

Attorney Philip A. Greenberg represents clients in New York and New Jersey. To schedule a consultation, call 646-363-6807 or contact him by email. He can meet with you in his Manhattan office or in a location convenient to you.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Philip A. Greenberg, P.C., Attorneys at Law
10 Park Avenue
Suite 2A
New York, NY 10016

Phone: 646-363-6807
Fax: 212-279-0466
Map & Directions