How is the “best interests of the child” determined in cases of custody and visitation?

In the state of New York, the “best interests of the child” is used to determine cases of custody and visitation, as is the case in every other state in the USA. This standard allows the court to award custody based on what is most likely to support the child’s physical, mental, and emotional development. When determining the best interests of the child, some of the factors that are taken into consideration include the child’s age, physical and emotional needs, and the parent’s ability to meet those needs as well as the child’s wishes. Another factor that they consider is the capacity of each parent to provide a safe and stable environment for the child. When it comes to visitation, the court will not deny or restrict visitation with a grandparent unless it is determined to be not in the best interests of the child. The court may take an evaluation of the grandparent’s relationship with the child, as well as the grandparent’s physical and mental condition into consideration. If the grandparent is proven to be unfit or unable to care for the child in any way, the court may limit or deny visitation rights. However, if the grandparent shows that he/she has a relationship with the child and can provide a safe and nurturing environment, the court may grant visitation rights in the best interests of the child.

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How is the “best interests of the child” determined in cases of custody and visitation?

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