If you are facing Family Court proceedings in the New York City area, the most important thing you can do is get a skilled and experienced lawyer on your side. Family Court proceedings in the state of New York are unlike any other area of law. That’s why it’s extremely important to hire a lawyer who specializes in this unique area of the legal profession. A skilled lawyer may not be able to win you sole custody of your children, but they will be able to help you avoid making mistakes that can all but guarantee that there will be an unfavorable outcome for you and your kids.
One of the key differences between Family Court and other types of court is that, in family court, the judge is attempting to ascertain the likelihood of events that will happen in the future, not in the past. Whereas in criminal law, many trials may hinge around expert testimony regarding physical evidence, in Family Court, the evidence may revolve around much more subjective or intangible things, such as what a forensic evaluator reports back on the interactions between a parent and a child or even what kind of impression a parent makes on the trial judge.
In addition to these uncertainties, Family Court is heavily reliant on case law to an extent not seen in other areas of the law. Even the few statutory laws that directly effect Family Court decisions, such as Domestic Relations Law 70 are typically broadly worded and only apply in the most extreme cases. How your child custody hearing will proceed will likely depend mostly on the judge’s opinion of the facts and how they fit in with the process established by prior Family Court cases.
All of this adds up to a situation in which it is more important than ever to have a skilled and experienced lawyer to help guide you through the process and put your best foot forward.
There are two broad categories of child custody disputes. The first involves parents who are newly divorced or who were never married but are separating for the first time. The second involves changing an existing custody situation that has been in force, either by judicial order or by personal agreement of the parties, for a long period of time. Generally speaking, the first kind will be both the most common and the most likely to be changed by the court. Still, there are many times when parents will legitimately need to seek recourse under the second scenario.
There are factors common to both that will weigh heavily in the decision of the court. But changing an existing custody arrangement will generally require stronger evidence of harm to the children.
Factors that will often be decisive in child custody cases and may prove difficult for the party being accused to overcome include:
If any of these findings run against one of the parents, they will likely not be awarded custody. But a good lawyer can minimize the chances that these factors will negatively apply to their client. A good lawyer can’t ensure the desired outcome, but they can ensure the highest chances of achieving it.
The childcare advocates work with parental guardians to convince the courts that their clients are the better fit to look after a kid. They typically give legal advice when explaining the case to the clientele. Parents should seek the help of these attorneys after a separation to share the responsibilities of bringing up the children. Consider asking the child custody lawyers these questions to have a clue of their operations.
The reasons for leaving vary but there is no excuse for parting with your child behind. It shows that the other spouse is more suitable option for physical custody. The court is normally reluctant to alter the physical guardianship since the toddlers are conversant with their homestead and school. Changing their routines will affect their education and social life. Make sure you report to the family court seeking for temporary safekeeping. Avoid delaying the process as the other party can sue for kidnapping.
Most states used to place kids under the care of their parents in case of a divorce. The ruling has changed over time, and the divorcing parties are both equal in the eyes of the law. Courtyard officials will check the fitness of both parentage and decide the side fit to take over the duty. They must consider the interest of the children and not necessarily the gender of the custodian. You can agree to give the mother the rights, as they understand the daily needs of the babies better.
Custody takes various forms, and in most instances, both trustees receive the right to contribute to the bringing up of their offspring. The joint physical custody requires that the kids spend some time with each custodian. For joint legal custody, both parents share ideas regarding the education, health, and religious matters involving the child. The ruling body and opt for both the joint physical and joint legal. Inquire from the child custody lawyers on the accepted methods in your locality.
The sexual orientation of an individual cannot affect their probabilities of getting the trusteeship. This provision, however, depends on the prejudice of the community. If the behaviors of the parent are likely to corrupt those of the kids, the courts will deny visitation and custody. Ask your lawyer to protect your rights for the ruling unit to avoid judging you on your sexuality. Go through the local laws and find out if the advocate has the power to win the matter.
The American Supreme Court finds it unconstitutional for a panel to consider race when dealing with noncustodial guardians. The party must look at the capability of the parent to meet the demands of the little ones. Discuss the matter with the child custody lawyers to advice on issues likely to contribute to racial segregation.
The curator with physical custody regulates the time their partners can come and take the babies. Reduced checkups from the noncustodial party will result in disputes. Consider working out a detailed parenting plan to set the visiting schedule. Also, point out the process to follow when deciding on the main child-rearing decisions.
The best gift you can give your kids is a chance to be there for them as they grow. Parenting is a blessing, and everyone should work on solving any conflict likely to separate him or her from his or her little ones. Seek legal assistance from child custody lawyers if your spouse denies you a chance to be with your children.