The law of New York stipulates a number of factors that the court must examine when deciding on custody. But, it's crucial to remember that the main objective of a judge is reaching a decision within the best interests of the children affected.
Parents should try to work out a custody arrangement independently before bringing the issue to court. It will limit how much adjustment a child must make.
The Court Considers the desires of the child
Courts take into consideration children's preferences when they make decisions about custody is not like the news headlines cause people to believe. More than 30 states are governed by laws that permit judges to examine a child's choices. The manner in which this is done varies from one state to another.
In the majority of cases the judge will talk privately with a child in a more informal environment that is similar to the chambers of the judge. This will not require the child to be in court. Attorneys of parents typically are present to respond to questions of the children. This helps ensure that the child has sufficient knowledge as well as to stop them from being put under pressure in one manner to the contrary by their parents. The judge will usually restrict the kinds of questions asked to those that are appropriate to the child's level of maturity.
Generally, the more mature children are, the more weight the judge will place on their choices. Over 14-year-olds can usually give meaningful feedback. Kids aged 9 or less aren't usually able to do this, unless of course there's extreme circumstances such as addiction to drugs or violence against women.
A judge will weigh the child's preferences in a hearing, the judge is trying to make a clear sensible decision. A teenager may choose to move in with their mother, because they believe that she is more likely to agree with the goals they have set. Children who are younger may want to be with his father because he is more connected to the existence of his child.
A court may be able to consider the way of life of the parent in addition to his or her capacity to be stable and able to care with the necessities of the child. For example, a judge will consider whether a parent has a habit of using drugs, is engaged in sexual activity, or has a history that includes domestic violence. Judges will also look at how close the relationship is that exists between the parents and child as well as whether or not the parent is able to provide an uninvolved and safe home.
Sometimes, the judge will grant sole legal custody one parent and primary physical custody to another. This is generally a last resort, and takes place when a court is convinced that the parent who is not in custody cannot adequately protect the child's security as well as welfare. Sole legal custody is not given if there's a suspicion of domestic violence or a parent is found guilty of abuse to children. In these instances the judge may not grant visitation rights to parents who have been found guilty. In addition, the other parent is subject to a background investigation before being allowed an access right to their child. The court could also order supervision for visits when it is determined that one parent could pose danger for child safety.
The Court considers the Needs of the Child
Child custody arrangements are a legally binding agreement that defines the parent with primary responsibility for their children and that is the one who has major control over how they will be raised. Judges are required to determine what's most beneficial for the child based on the unique situation of the child. The judge may award the parents joint custody as well as sole custody.
In deciding child custody, the court takes into account many factors, for instance, the parent's wishes along with the relationships between parents and their children as well as their siblings, and every types of child custody parent's ability to care for the physical, intellectual, and emotional needs of their child. When a child is old enough to be able to state a preference, the law requires that the courts consider it with a lot of value. It is generally included when a judge determines the plan for parenting or the order for temporary custody.
A judge can create a parenting schedule parents are able to come up with a plan for themselves. The plan will define how much time will each parent get to spend with their kids, as well as how vacations and holidays will be distributed. They must be ratified by a judge prior to when they are able to become legal.
If the court cannot approve of a parenting program the court will decide its own custody arrangement. Judges can grant the custody of a joint legal or physical child or both. They can also determine how much visitation time a noncustodial parent will be permitted. The judge will only be able to deny a parent's visitation rights if they have abused their children emotionally, physically or both in the past.
The joint custody agreement permits parents to have legal and physical custody. If a custody agreement is joint each parent will have the physical and legal right to make decisions regarding their child's education, medical care, and overall well-being. But, children should spend a fair length of time both parents. It allows parents to maintain a close relationship with children as well as providing the children with a sense stability and consistency.
In a sole custody arrangement, the judge will award the parent with sole physical or legal custody. The parent will make all decisions regarding the child's health, welfare and education, and the other parent will be granted only a limited, if not complete, access to the children. If the custody is sole the judges are not able to show any bias towards fathers or mothers. However, they have to decide on the most beneficial outcome for the child to guarantee stability and safety. It can be challenging to decide in cases that involve domestic violence or substance abuse.
The court takes into account the parental needs
The judge will want to make sure that parents are on their way to agreeing on a solution. Unless there is some reasons to believe that the parents aren't able to develop a strategy that's effective, judges typically will try to keep both parents in the children's lives for as long as they can. For this reason the judge must take into consideration the ability of each parent to take care of their child's needs. That includes food, shelter and clothing as well as providing a safe and stable environment for the family. A court may also examine the parent who took care of the child the most often in the prior. It means that the parent who is responsible for more of the childcare tasks will be able to spend more time with their children.
The child will be requested to state their preference in regards to custody once they're old enough. The process will take place in a confidential, private setting, often in the courtrooms of the judge rather than the courtroom. A qualified social worker be there to assess the bond between the child and their parents in addition to their capability to take logical decisions.
While the preferences of the child will be considered, they will not have the same importance in the determination by the courts of what is in the child's best interest. If, for example, the child wishes to stay with a parent who's more generous or spoils them, this will not be considered. In addition, the wishes of a child experiencing emotional manipulation by one parent isn't given much weight either.
Judges will also be looking at the cooperation of parents in making a decision on custody and visitation. They will also take into account if one parent was able to create a healthy relation between their child and the parent who is not. Judges will be less tolerant of parents known to badmouth the other parent in front of the child. They might not grant custody.
A judge will also take into consideration the mental and physical well-being of every parent. In the case of parents have a history of drug abuse and domestic violence may not be able to care for their child in a healthy way. Judges can grant sole physical custody, or even sole legal custody to a different parent in such cases. However, the majority of states don't have rules about granting one parent over another or having joint legal custody versus primary custody of just one parent. Instead, they each decide the custody arrangement on a case-by- individual basis and based upon the interests of the child standard.