How Do the Courts Decide Upon Custody in New York?
The most sensitive and emotional issue in a divorce is custody of children. In Nassau and Suffolk Counties, there are programs that are instituted by the court to help parties try to negotiate and settle issues of custody and parenting time so that a judge, who knows very little about the family and the children, does not have to make that decision. It’s better left to the parties, if at all possible. When faced with actually determining custody and parenting time, the judge is going to use the best interest standard in determining those issues. The best interest of the children at that time are evaluated and developed through not only testimony by the parties, but input from potential experts such as forensic psychologists, social workers, or other people who stand in the shoes of so-called experts. They come in and give their opinions about what would be in the best interest of the children. However, if at all possible, it’s generally better for parties to try to come to an agreement about their own children than have strangers determine their fate.
Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.