by David S. Pollock, Attorney at Law

In a custody proceeding, the role of the court is to determine the "best interests" of the child. The court will consider the child's physical, educational, spiritual and emotional needs, as well as the parents' fitness and parenting skills, the child's physical, intellectual and emotional development, the child's preferences, the location and attributes of each parent's home, the qualities of the school systems, neighborhoods and facilities where each parent resides, and other factors that affect the best interests and welfare of the child. We strongly believe that no court can determine the best interests of a child as effectively as the child's own parents. The Family Division judges are motivated by the best intentions, but they do not have sufficient knowledge about the children or their parents to make the best decision for every child. The judges and court-appointed custody evaluators have very limited time and resources to investigate the numerous factors that may affect a child's best interests. That is why we always urge our clients to attempt to settle their custody cases. In our experience, you will be more satisfied with a custody arrangement that you have helped to fashion than a custody arrangement imposed by a court.

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