The Best Interests of the Child: Why Courts Favor Stability and Co-Parenting in Custody Disputes

When determining child custody, courts in New York focus on one overarching principle: the best interests of the child. While this standard may seem straightforward, courts weigh multiple factors to ensure a custody arrangement promotes stability, emotional well-being, and continued parental involvement. A recent case, Acevedo v. Cassidy (2nd Dep’t 2025), underscores how judges evaluate key considerations, particularly a parent's ability to foster a relationship between the child and the noncustodial parent.

In Acevedo, the court awarded sole legal and physical custody to the father, finding that he was better positioned to provide stability and facilitate co-parenting. The mother challenged the decision, arguing that she was fit to retain custody. However, the court determined that several factors weighed in favor of the father.

One of the most critical aspects of any custody dispute is a parent's willingness to encourage a meaningful relationship between the child and the other parent. Courts are highly concerned when one parent appears to hinder or limit the other parent’s role in the child's life. In this case, the father demonstrated that he was more likely to share information about the child’s academic progress and general well-being, while the mother had failed to maintain consistency in her involvement.

Another significant factor was stability. The father had steady employment with a predictable schedule and lived close to the child's school, allowing for a consistent routine. In contrast, the mother had moved multiple times throughout the litigation, creating uncertainty regarding housing and school logistics. Courts tend to favor the parent who can provide the most stable home environment, as frequent relocations can disrupt a child’s emotional and educational development.

Additionally, the practical realities of each parent's living situation played a role in the court's decision. The mother's living arrangements involved a significant commute to the child’s school, whereas the father’s home provided a more convenient and stable setting. Courts recognize that long commutes can impact a child's daily routine, adding unnecessary stress and logistical challenges.

The case also highlights the importance of credibility in custody proceedings. Judges rely heavily on testimony, observing the sincerity, temperament, and overall character of both parents. When credibility issues arise—such as inconsistent statements or behavior that suggests an unwillingness to cooperate—courts may lean toward the parent who presents a stronger case for promoting the child's well-being.

Ultimately, Acevedo v. Cassidy reinforces the principle that custody decisions are based on the totality of circumstances. While no single factor determines the outcome, courts prioritize stability, a parent’s ability to facilitate co-parenting, and the overall living environment. Parents seeking custody should be prepared to demonstrate that they can provide a secure, nurturing, and consistent upbringing while ensuring that the child maintains a meaningful relationship with both parents.

If you are facing a custody dispute, it is crucial to understand how courts evaluate these cases and to present a compelling argument that aligns with the best interests standard. Consulting with an experienced family law attorney at Mindin & Mindin can help you navigate the legal process and build a strong case for custody. Contact us for a free consultation.

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