Factors Considered During New York State Child Custody Hearings


Gordon Burrows

Gordon Burrows

An attorney with over 30 years of experience as a legal professional in the state of New York, Gordon Burrows is a lawyer who practices out of his private firm in White Plains. Since the start of his career, Gordon Burrows has focused on matrimonial and family law, including matters related to parental rights and child custody.

In New York child custody proceedings, there is a collection of factors that the courts consider when deciding which parent will receive custody. All these factors are evaluated with the “best interest of the child” in mind.

Though the definition of what constitutes the best interest of the child will vary slightly by state, New York emphasizes that “the child’s health and safety shall be the paramount concerns.” While each case is different, the factors considered by judges include how much time a parent has spent as the child’s primary caregiver, the parent’s mental and physical health, his or her ability to provide childcare arrangements, whether or not the child has siblings, and a parent’s ability to provide for any special needs that a child might have. Factors such as a parent’s willingness to cooperate with the spouse from whom they are separating may also be considered.