Nassau county family law attorney, Barton Resnicoff, discusses how the best interest factors work in New York child custody cases.
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The best way to frame it is that the judge is supposed to do what’s really best for the child. And what’s best for the child can vary based upon the judge and the judge’s outlook, but there are certain factors that have to be considered. Probably the most important factor are issues of domestic violence, and that can be a very large factor in deciding who is the more appropriate parent and what type of contact the other parent should have. The other issue may be which parent can best have the child mature and grow, both intellectually and emotionally, with school and other activities. So that the idea is which parent would be better for the child to grow up with as the primary custodian.