Family / Divorce Law

Child Custody

Having a skilled child custody attorney can make a world of difference in the outcome of your case, and well being of your child. The New York and New Jersey custody lawyers at Rapaport Law Firm have represented clients in custody, visitation, and related matters since 1995. We provide our clients with a thorough understanding of the strategies and options for achieving their goals. Each year, the NY and NJ Family Law Attorneys at Rapaport Law Firm represent parents in New York Supreme Court, New York Family Court, and NJ Superior Court, in proceedings involving custody and visitation.

CHILD CUSTODY:
THE BEST INTERESTS STANDARDS IN NEW YORK AND NEW JERSEY

New York's Best Interest Factors for Custody Cases

When a child custody case is filed in Family Court or Supreme Court, the judge will try to resolve the parties' dispute based on the best interest of the subject child(ren) and choose the environment that offers the most stability. Some factors courts will take into consideration in a child custody case are:

• The child's age, sex, and mental and physical health
• The parent's mental and physical health
• The parent's lifestyle
• Any history of child abuse
• The emotional bond between the parent and child
• The parent's ability to provide the child with food, shelter, clothing, and medical care
• The child's regular routine
• The quality of the child's education
• The child's preference, if the child is above a certain age (this is usually around age 12)
• The ability and willingness of the parent to encourage communication and contact between the child and the other parent

New Jersey's Best Interests Standard for Custody Cases

The principle guiding courts in custody determinations is that the best interests of the children is served. The standard has been described as one that protects the safety, happiness, physical, mental and moral welfare of the child. M.P. v. S.P., 169 N.J. Super. 425 (App. Div. 1979). N.J.S.A. § 9:2-4 mandates that the courts consider the following factors: 9:2-4.

• The parents' ability to agree, communicate and cooperate in matters relating to the child;
• The parents' willingness to accept custody and any history of unwillingness to allow visitation not based on substantiated abuse;
• The interactions and relationship of the child with its parents and siblings;
• The history of domestic violence, if any;
• The safety of the child and the safety of either parent from physical abuse by the other parent;
• The preference of the child when and capacity to reason so as to form an intelligent decisions.

The matrimonial attorneys at Rapaport Law Firm understand that there is no issue more important than your bond with your child. We work together with psychological professionals and other experts to pursue a strategy designed to achieve our clients' goals. If you are facing a matter involving child custody in New York or New Jersey, you need a lawyer who cares. The attorneys at Rapaport Law Firm have the experience and dedication that you need. Contact us.