Putting Children First During the Divorce Process

Thursday, June 15th, 2017, 1:53 am

When children are involved in a divorce, the process always becomes more complicated. However, the court will always make their custody decision based on what is in the child's best interests.

But what exactly does this mean? Let's take a look at what "best interests" means to the family court and what you need to know as a parent going through the divorce process.

What are the Child's Best Interests?

In a custody case, the court is going to consider what will bring the child the biggest benefit. This may be splitting the time between the two parents evenly, granting one parent more power, or even saying that one parent does not have access to the child. In the event of abuse, this may be the case.

In most cases, the court will try to grant custody to both parents so that they each can maintain a strong and loving relationship with the child. It is important to keep in mind that custody over the children should not be seen as a battle between you and your spouse.

How are a Child's Best Interests Determined?

There are a few different things the court will want to look at when determining what is in the child's best interests. Knowing what information you can provide can help a custody battle go in your favor.

First, the court will look at the age and sex of the child. If they are old enough to express their opinions or make their own decisions, the court may ask who they wish to reside with. The court will also look at the number of children involved and their custody.

The court will also consider what kinds of life changes may need to be made based on who retains custody. In order to decrease the amount of disruption for the children, they'll look at the school, community, and needs of the child.

Finally, the court may also consider the health of the parents, both mental and physical, and whether or not abuse, alcohol or drug use is prevalent.

If you are going through a divorce battle with children involved, you'll want a Queens divorce attorney working on your side. Contact the FK Law Group office to schedule a free consultation today.

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