Best Interest of the Child

What it means

The legal test New York courts use for custody, visitation, and other decisions about children. The standard does not favor mothers or fathers automatically. The judge weighs many factors. Each parent's home, work schedule, mental and physical health, history with the child, and ability to care for the child all matter. The court also considers the child's relationship with each parent, with siblings, and with the wider community. Domestic violence is a heavy negative factor against the abusive parent. The child's own preferences are considered, with more weight given as the child gets older. There is no single age when a child gets to decide. In contested cases, the court may appoint an attorney for the child to advocate for the child's stated wishes. The judge writes the final custody and visitation order based on the whole picture.

When you might hear this

Best interest of the child is the legal standard New York courts use to decide custody, visitation, and most other questions involving children. It is not a single rule — the judge weighs many factors based on the specific child and family.

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