The law of New York stipulates a number of things that the courts must examine when deciding on custody. It's important to note that judges make decisions based upon the child's greatest interest.
Parents should try to work an arrangement for custody on their own before taking the matter to court. This will help limit the number of adjustments that the child has to take.
The Court Considers the Wishes of the Child
The fact that courts consider the child's wishes when making decisions about custody is not as frightening as headlines can cause people to believe. There are more than 30 states that have laws that permit judges to examine a child's choices. However, the way to do this the way it is done, varies between states.
A judge will usually speak to a child in private the context of an informal gathering like the judge's chambers so that the child does not have to be present in public trial. Attorneys of parents typically are present to answer questions from the children. This serves to ensure that the child gets the greatest preparation possible and stop any parent from putting any pressure on the child. The judge is usually able to limit the kind of questions he asks to those that are appropriate to the child's years of age.
In general, the older one is greater weight judges is likely to give their opinions. Aged 14 or older typically provide an important contribution. Kids younger than 9 aren't typically capable of providing this input, except in extraordinary cases such as domestic violence or drug abuse.
A judge is looking for particular and rational decisions in the evaluation of a child's needs. A teenager, for instance, might choose to live with their mother as they believe she will be more accommodating of their preferences. A younger child may prefer to stay with his father because he is more involved in the life of that child.
A court may be able to consider the lifestyle of the parent as well as his or her capacity to be stable and able to care what is required of a child. As an example, a judge will look into whether a parent has a habit of using drugs, is an active participant in sex relationships or is a victim in domestic violence. Judges consider whether the parent can create a secure and loving environment to their children.
Sometimes, a judge might decide to grant primary physical custody or sole legal parental rights to either parent. This is usually a last resort, and is when the judge believes that one parent was unable to protect the child's security and welfare. If there is a history of domestic violence or abuse or domestic violence, then sole custody of the child will never be granted. In such cases the judge is likely to give visitation rights only to the perpetrator, and the parent who is not custodial will be ordered to go through a background check before being allowed permission to visit the child. The court could also order supervised visitation in cases where there is evidence that suggests the other parent is a threat for child safety.
The Court takes into account the Needs of the Child
Child custody is a legal agreement that decides who is responsible for the care of a parent's children and will take significant decisions about their development. Custody rules can differ and judges will decide what is in the best interests of every child according to their individual circumstances. Judges can award the parents joint custody and sole custody.
In deciding child custody the court will take into account many factors, like the wishes of parents as well as the relations between kids and parents along with their siblings as well as each parent's capacity to meet the physical, intellectual and emotional needs of the child. If a child has reached the age enough to make a decision to be a parent, the law mandates that courts accord it the greatest significance. In making an order regarding parental plans or temporary custody, he will usually look at children's choices.
Parents may create their own idea of what's best for their children, or an expert will draft the parenting guidelines. It will detail the time the parents spend with the kids and also how holidays such as vacations, holidays and other celebrations will be communicated. They must be ratified by a judge before they can be made legal.
If the court does not accept a parenting arrangement then it's up to the court to decide on its own custody arrangement. A judge could award joint legal or physical custody, or both, and the court may also determine which parents to grant noncustodial access rights to visit their children. Generally, a judge will limit visitation rights to noncustodial parents who been physically or emotionally abusive to the children in the past or suffer from a mental health issue which would cause severe harm to children.
A joint custody arrangement allows parents to have legal and physical custody. If a custody agreement is joint, each parent has the right to legal and physical to determine their child's education and health care and well-being. However, the children will have a roughly equal number of hours with both parents. This helps both parents keep a strong relationship with the children and provides the children with a sense stability and consistency.
If a custody arrangement is sole the judge can award the parent with sole legal or physical custody. It means that one parent has the ultimate say regarding the child's health, wellbeing, and education. In addition, the other parent will have limited or no access to the child. In sole custody situations the judges are not able to show any preference towards fathers or mothers. They are required to determine what is the best option for the child, in order to ensure stability and security. It can be challenging to decide in cases involving domestic violence or drug abuse.
The Court Considers the needs of parents
The judge wants to see that both parents are on their way to agreeing on a solution. However, unless there's some indication that parents aren't able to create a solution that's effective, judges typically are looking to ensure that both parents in the children's lives to the maximum extent possible. For this reason judges must consider the capacity of each parent to provide the needs of their child. It is about food, shelter and clothing, as well as building a secure family. The court could also consider those parents who have taken care of their child majority in the recent past. One parent that was responsible for the most childcare will likely get to spend longer with their children.
Children will be asked to express their preferences in regards to custody once they're mature enough. The process will take place in a secure, private place, which is usually the courtrooms of the judge rather than the courtroom. Social workers who are trained may be in attendance to assess the strength of the child's relationship with each parent and the degree to which they're able to make reasonable decisions independently.
The judge will take into consideration the wishes of the child, however it won't be as crucial as what the judge determines is best to the child. If, for instance, the child would prefer to reside in a home with only one parent, because they're less lenient, or unkind to them, this isn't considered. In addition, the wishes of a child affected by emotional abuse from the other parent won't be given much weight either.
Apart from assessing the requirements of the child the judge will also consider how cooperative parents have been in reaching an agreement on custody and visits. The judge will consider if the parent who has the parental responsibility of the child competent in forming a healthy relations with the other parent. Judges may be less supportive of parents that are known to praise the other parent before the child. Judges may decide not to award custody.
Furthermore, a judge will consider the child custody lawyer near me mental and physical condition of every parent. If a parent is predisposed to addiction, domestic violence, or other problems, it may be difficult for them to properly provide for their child. In these cases, the judge might decide to award sole physical custody to the other parent or grant the parent all legal rights. In reality, most states don't have presumptions about favoring either parent over the other or having shared legal custody as opposed to primary custody to just one parent. They all make custody decisions in a unique manner, determined by what is in the best interests of the child.