There are many considerations a court has to make when it comes to child custody cases. Though, ultimately, the court must put the best interests of the child first when it comes to dictating who should be given parenting or visitation rights. There are numerous factors that come into play when helping the court to define the best interests of a specific child. For instance, one issue that the courts of New York might consider may be the financial stability of the parents in question. Alternatively, if the child in question within the case is old enough to make informed decisions about his or her own future, the wishes and requests of that child may be taken into consideration.
It’s worth noting that a child who is already suffering from the discomfort and trauma of a broken home can often benefit from avoiding any further disruption in his or her life. This was the concern of the New York Court of Appeals in the case Lincoln v. Lincoln that established how to take testimony of children in divorce and child custody cases. As such, it can be a good idea to consider solutions for obtaining information about the child’s wishes regarding custody, in a private format. No child would feel comfortable having to publicly share information about his or her relationship with his parents, or choose between them while either party watches. As such, “In Camera” testimony and interviews can be conducted to help provide a less harrowing experience for a child of divorce. Continue reading