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You may understand that your and your former spouse’s current financial situations impact the child support order that the New York family court may enact. But you must also understand that this may equally affect their final child custody order. Continue reading to learn how your finances might impact the court’s decision and how an experienced New York City child custody attorney at Zimmet Law Group, P.C. can help support your case.

Can my former spouse’s and my finances impact a child custody decision?

Your divorce litigation proceedings may come at a hefty price. Contributing to this may be your attorney fees and court fees. But also, you may have to consider external expenses, such as the cost of child care as you attend your mandatory proceedings.

And so, a comfortable financial standing may leave you better equipped to afford the cost of your divorce. However, even if you spend a significant amount of money on your defense in a child custody case, this does not necessarily mean that the New York family court will rule in your favor.

That is, parental income may only play a small role in their deliberation. Say, for instance, that the court awards primary custody to your former spouse, who earns less than you. With this, they may just assign you to make child support and spousal support payments so that your former spouse is better capable of fulfilling their custody duties.

What other factors impact a child custody decision?

To reiterate, your and your former spouse’s finances may not be the end-all-be-all for the New York family court’s child custody decision. For example, you may have a desirable earning capacity and net income that is well-suited for taking care of your child. However, these significant earnings may be due to a work schedule that is quite demanding. The court may then determine that you are unable to spend an ample amount of time caring for your child. In turn, they may not find it fitting to grant you sole physical custody, or even joint physical custody.

This is to say that the court will look into more than just your finances before making their final judgment. Examples of other factors that may impact a child custody decision are as follows:

  • Your and your former spouse’s age, physical health, and mental health.
  • Your child’s age, physical health, and mental health.
  • Your and your former spouse’s bond with the child.
  • Your child’s preference for their living situation, if of a mature age.
  • Your and your former spouse’s history of domestic violence, substance abuse, incarceration, or institutionalization, if any.

You must take your child custody litigation proceedings seriously. So pick up the phone and call one of the skilled New York City family law attorneys. Someone from Zimmet Law Group, P.C. will be happy to answer.