The focus of the court is always to ensure that the best interest of the children is being taken into consideration during a child custody dispute. No matter what the situation is, the judge will always decide which is best for the children regardless of what both parents want. In most cases, it is in the best interest of the children to have both of their parents in their lives and to share parenting time accordingly.
Many factors will be looked at when deciding the parenting schedule, and the first one is stability. This means that the court will try their best to ensure the children remain in a stable environment and they do not have to move unnecessarily to another location that is different from their primary residence. This means that the parent that was voluntarily keeping the children in their physical custody will likely get to continue the arrangement. However, this rule is not set in stone and varies based on the details of the case.
Another factor considered in child custody is the matter of childcare. If both parents are working, then the individual who has better childcare arrangements will also be given more preference. Also, if one of the parents is the primary caretaker since the birth of the children, meaning they spent significantly more time with the children as opposed to the other parent and they were responsible for taking care of the kids the court will also take that into consideration.
If one of the parents is addicted to drugs or alcohol, then this will also negatively affect their case of custody. If one of the parents suffers from a mental illness that has not been treated, this will further affect them negatively. Parents with severe physical disabilities may also find it harder to get custody if their disability makes it difficult for them to take care of their children.
Does spousal abuse play a role in child custody cases in Queens, New York?
Despite what many people believe, even spousal abuse can decrease the chances of a person getting custody of their children. If they were abusive to their spouse in front of the children or even in general, they will decrease their chances of getting custody.
It should be kept in mind that a person should do everything in their power to ensure the safety of their children. Sometimes, a spouse may be very abusive and even dangerous yet there is not enough evidence to prove they have these characteristics.
Individuals should get in touch with a family law attorney to make sure that they do everything in their power to stop the abuse from occurring and to keep their children as safe as possible. Reach a family law attorney at the Law Office of Charles Zolot today to learn more about the claim process.
Reach them at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640