When parents find themselves in a custody battle, they want to do everything they can to put themselves in the best possible position. A custody battle can be an extremely stressful time for parents. Our team of Queens custody lawyers can help you put your best foot forward.
How the court determines custody
The court can determine custody as part of a divorce case or as part of a separate action. In all cases, the court looks at the best interests of the child when it decides how to divide custody. The court can order the parents to share custody, or it can order either parent to have primary custody. In nearly all cases, each parent has at least some parenting time with the child.
When the court looks at how to divide custody, they look at who traditionally provides primary care for the child. They consider whether each parent has the skills to be an effective parent. If the parents have a history of domestic violence, that plays an important role in the court’s determination. A child has the right to give input, but the court can decide how to weigh the child’s opinion given their age and the entire circumstances.
In a Queens custody case, you have the option to have the judge decide the case. You can also try to resolve the case by reaching an agreement with the other side. This can happen in a process called mediation.
Mediation works by using a trained mediator to act as a go between for the parents. This person has specialized training to help parents reach an amicable agreement. Parents don’t have to agree to anything during mediation unless they’re satisfied with the agreement.
If you reach an agreement, you not leaving the decision to a judge. When we work with a client, our Queens custody attorneys can offer advice on when it’s in a client’s best interests to agree to a consent judgment or to take the case to trial. Although a judge doesn’t have to honor a consent custody agreement if they believe it’s contrary to the best interests of the child, courts honor consent agreements in the vast majority of cases. If your spouse has a wine problem, or an issue with smoking via glass bongs, you could ask for custody.
Sometimes, you need to make a change to an existing custody order. You may need to make a small change to your parenting time schedule, or you may need to make a significant change to the child’s custody arrangement. There are a lot of reasons that you may think that a change is in the child’s best interests.
When you work with our Queens custody lawyers, we can help you consider how to bring this type of motion effectively. Then, we can work with you to build an effective case for trial. In some cases, you may need to appeal the decision of a magistrate or trial judge. We’re ready for that too.
Whatever your family law needs might be, we’re understanding and hardworking custody lawyers, and we’re here to help deserving clients fight for justice in the New York courts. No custody case is ever easy, but we’re here to help you make the process as smooth as possible. We give our clients honest information, and we educate them on the law, so that they can make the best possible decisions in their case. If you have a New York custody issue, please contact us.