In a custody battle, the children are always casualties

If parents in New York State divorce or separate, by law a judge must decide based on “the best interest of the child” where and with whom their children should live. That is as it should be.

The judge considers many factors in making that decision, for both legal and physical custody, in which, again by law, the “child’s health and safety shall be the paramount concerns.”

A 2021 survey by the National Parents Organization showed 92 percent of New Yorkers believe it is in the child’s best interest to have as much time as possible with each parent and also say they would be “more likely to vote for a candidate who supports children spending equal or nearly equal time with each parent … when both parents are fit and willing to be parents.”

So why don’t our state laws reflect that?

We spoke with Jason Houck of East Berne, who chairs the New York Affiliate of the National Parents Organization. His organization is pushing for changes in state law that would make it more likely, after parents divorce or separate, to have their children spend half their time with each of their parents as long as those parents are fit and loving.