One question that many stay at home parents have is whether they will be automatically granted custody because they are home with the kids. This is not the case. The way the courts determine custody is by determining what would be in the best interest of the child. Protecting the child’s best interest is the court’s primary goal in any family law matter.
Some of the factors that go into determining exactly what is in the best interest of the child include:
One other question that parents may have when it comes time to determining custody is whether the child has any say in which parent they live with. In some situations, yes; in others, no. Older children have generally more of a say in which parent gets primary custody. However, if the child is seven years old and wants to live with one parent because that parent lets them eat whatever they want and stay up late and skip school, the court will likely not grant that parent custody.
If you have questions about creating a custody agreement for your children, contact an experienced family law attorney who can provide you with assistance.
Leslye M. Schlesinger is an experienced New City, NY collaborative divorce attorney and mediator serving Rockland and Westchester County. Ms. Schlesinger has over 30 years of experience. If you need her quality legal services, contact her New City office for a consultation.