Suffolk County Divorce Lawyer

How will your judge evaluate what is in the best interests of your child?

When you are dealing with a divorce trial one of your biggest concerns will be the welfare of your children. You will have to worry about the situations that your child may end up having to travel back and forth between homes or rarely seeing one of their parents. This can be a very difficult and confusing time for children and you may be asking yourself how will the judge of your case determines what is in your child’s best interest. Both yourself and the other party involved in your divorce must be as cooperative and honest as possible about your situations to ensure that the child is properly cared for. Are you looking for a Suffolk County divorce lawyer? Well, look no further than Simonetti & Associates. We have been voted best divorce lawyer on Long Island and we want to help you make your divorce as simple as we can! 


Factors a Judge Will Consider

  • Age of your children- Age can be a big factor of the decision if the child is still in developmental stages the judge may feel it is important that both parents can remain present in the child’s life. Nursing children would most likely have majority custody with their mothers
  • Each parent’s living situation- The judge will look into what the living situation for both parents has become since their separation. If one parent keeps the family home then it is likely they will be given custody to preserve continuity in the child’s life. Living close to your separated spouse can also play into a judge’s decision towards share custody
  • Each parent’s willingness to support the other’s relationship with the child – The judge will review how cooperative you have been with custody schedules. Things, like bad-mouthing your separated spouse or trying to interfere with custody schedules, will have negative effects on your custody time
  • Parent’s relationship with the child prior to the divorce – A judge will look into the relationship between the parent and child before there was a divorce settlement. In some cases parents who have not been very present in their child’s life suddenly want to be more active once a divorced has happened. A judge will examine this change of heart to determine if it is genuine 
  • Child’s preferences – In cases with older children ages 12+ the judge may speak to them about their preferences for who they spend a majority of their time with
  • Sexual orientation – In some states, sexual orientation is a big factor for determining custody and visitation rights
  • Continuity and stability – Judges prefer to try and maintain the status quo in a child’s life. The court feels bringing more change on top of this traumatic changes with divorce can impact a child’s growth negatively  
  • Abuse or neglect – If there is any history of abuse or neglect from one of the parents that will impact the judge’s decision for custody and visitation  


Suffolk County Divorce Lawyer

The process of deliberating what is the best living and custodial situation for a child in a divorce case can be a very stressful time. Many factors will play into a judge’s decision for custody and you may be concerned that you will not gain visitation rights or have any custody of your child. Simonetti & Associates, a Suffolk County divorce lawyer, wants to help you. We offer professional and experienced help to make sure your side of the story is heard in your case. If you would like to schedule a consultation appointment with us call our office at 877-385-2560 or contact us online from our website! 

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Suffolk County Divorce Lawyer