New York's law specifies several things that the courts must consider when determining custody. It is important to note that the primary goal of a judge is reaching a decision with the highest interest of children in the case.
Parents ought to try working out a custody arrangement by themselves before taking this issue to the court. This will help reduce the amount of changes the child will need to be required to.
The Court Takes Into Account the Wishes of the Child
The news stories about children going into court to be cross examined about who they'd prefer to live with could scare parents, the fact is that the wishes of a child are important factors for courts to think about when deciding custody choices. Indeed, more than 30 states have a provision that allows judges to attribute weight to a child's preference. The way this is handled will differ from one state another.
Most of the time, a judge will speak in private with children in a relaxed setting that is similar to the chambers of the judge, to keep the child from having to child to appear in court. The lawyers of parents usually are there to respond to questions of the children. The goal of this is to ensure that the child receives the most effective preparation, and to prevent parents from exerting the child under pressure. The judge usually limits the questions to the ones which are appropriate to the ages of the children.
In general, the older a child gets older, the more weight given by the judge to his or her choices. The older the child, the more likely they are to provide meaningful feedback. Kids aged 9 or less can't typically do so, unless there are exceptional circumstances such as drug abuse as well as domestic violence.
Judges will be looking for specific and rational choices to weigh a child's wishes. For example, a teenager could decide to live with their mother as they think that she's more supportive of their desires. In contrast, young children might choose to live with their father as they believe that he's more active in their lives.
A court may consider the family life style of the parent as well as his or her capacity to be stable and able to care what is required of a child. The judge can consider, for example, whether parents are involved in drugs or a sexual life, and if they have a past of domestic violence. The judge will also consider the bond between the parent and the child, as well as if parents can offer an environment that is safe and secure.
Sometimes, a judge may give sole legal custody to one parent while granting sole physical custody another. This usually is a last resort, and occurs when the court believes that one parent is unable to ensure the safety of their child and welfare. If there's a history of domestic violence, abuse or other or domestic violence, then sole custody of the child will not be given. In such cases, the judge will probably not grant visitation rights to the parent who is guilty, and the parent who is not custodial will be ordered to go through a background investigation before being granted an access right to their child. The court could also order supervised visitation in cases where it's believed that one parent could pose danger for the safety of the child.
The Court Considers the requirements of the child
Child custody is a legal issue that determines who will take care of the children of a parent and will take crucial decisions concerning their future. Judges are required to determine what's most in the best interests of each child based on the unique conditions of the child. A judge can grant the parents joint custody and sole custody.
When deciding on child custody the court has to take into consideration a variety of factors like the wishes of parents as well as the relations between children and the parents, their siblings and each parent's ability to provide for the physical, intellectual, and emotional needs of the child. When a child is old enough to make a decision and express a preference, law demands that courts give it significant significance. In making the decision regarding child custody plans, or even temporary custody, they usually be mindful of children's choices.
A judge may create a parenting schedule and parents may create a schedule by themselves. The plan will define the time that each parent spend with their kids, as well as how vacations and holidays will be split. The judge has to approve the plans prior to them becoming applicable.
The court can decide on the custody arrangements it wants to make should it not agree to the parenting plan. The judge could award either legal or physical custody or both. The judge can also decide whether noncustodial parent's visitation is allowed. The rule is that judges restrict visitation rights only for parents with no custody rights who either physically or emotionally assaulted the children in the past, or have a mental disorder which would cause severe harm to children.
A joint custody arrangement where parents share physical and the legal custody for their child. With a joint custody arrangement, each parent has the right to legal and physical to determine their child's education, medical care, and overall well-being. The children are spending roughly all of their time with each parent. It allows parents to maintain a great connection with their children and gives them a sense of consistency and peace.
A sole custody arrangement grants one parent physical or legal sole custody. The parent who has sole custody will be the sole decision maker concerning the education, health as well as the welfare of their child. Judges do not generally show a bias toward mothers or fathers in sole custody proceedings, however they are required to consider what's most beneficial for the child and will also offer them the best stability and security moving forward. It can be difficult to determine in situations which involve domestic violence and drug abuse.
The Court takes into account the needs of parents
Judges will need to see a parenting plan that both parents can be able to agree on. Judges will usually try to involve both parents as much as they can within their child's world, unless there are reasons to think that the parents are unable to develop a viable strategy. In order to do so the judge must take into consideration the ability of each parent to take care of the basic needs of their children. It includes clothes, food and shelter, along with a stable living space. The court could also consider the parent who has taken charge of the child most often in the recent past. The parent that has been responsible for the most children's care is likely to spend more time with their kids.
As soon as a child reaches the age enough, they will also be asked about their preference for custody. Judges usually perform this task in the chambers rather than during the courtroom. An experienced social worker could be present to determine whether the child has a good relationships with both parents and how well they're able take reasonable decisions on their own.
Although the desires of the child will be thought of, they will not receive the same amount of weight when it comes to the judge's decision of what is best for the child's interest. In the case, child custody solicitors for instance, the child wishes to stay with a family member who is more generous or who spoils them however, that will not be considered. In addition, the wishes of a child affected by emotional abuse from the other parent won't be given much weight either.
Judges will also look at the co-operation of parents when coming to an agreement on custody and visits. The judge will consider if one parent in charge of control of the child is adept at fostering a harmonious rapport with their other parent. If a parent is known to have a habit of badmouthing the other parent before the child, it will not be taken kindly by the judge, and they may be denied custody.
Furthermore, a judge will consider the mental and physical condition of every parent. If a parent is prone to domestic violence or another issue, it may be difficult for them to properly look after their child. The judge could award sole physical or legal custody to a different parent in such instances. Most states do not possess presumptions which favor one parent over another as well as they do not permit the possibility of joint custody. All custody decisions are made according to an individual basis based on what is in the best interest for the children.