Help in Times of Need
In New York, the Family Law Court decides who gets custody of your child. They use the philosophy that a kid is best influenced by having both parents in their life. When determining custody issues, they see who is best suited as the custodial parent. In many instances, the court will give shared custody to both parents. Custody can also be ordered on an alternating basis. No matter what the ruling, child custody issues are one of the most sensitive areas of the law. You need a compassionate legal team that knows how to handle distraught parents as well as help resolve these complicated matters.
Understanding the Best Interest of the Child
The best interest of the child takes precedence when deciding visitation and custodial parenting arrangements. For instance, if one parent has a stable job, home and can meet the needs of the youngster better than the other parent, then they will be given primary or sole custody. They are responsible for the bulk of the parenting accountability as they will share the most significant amount of time with the kid.
The best interest means merely that the child is better in one situation rather than the other. They look at things like financial wellbeing, safety issues, stability, school system, home life, and other factors. The court may send a Guardian Ad Litem to do some investigative work. They will come to the home of both parents and evaluate each situation. Based on their report, the court is better able to decide what that they feel is in the “best interest.”
The Visitation Orders
When shared custody is awarded, both parents equally share responsibilities for their kid. When the court determines that one parent is more stable than the other and is granted primary custody, then the other parent will receive visitation rights. A visitation order will outline a schedule for both parents to observe. If the court feels the child may have safety issues when they are with one parent, then they will issue an order for court-supervised visitation.
The court encourages parents to work together to come up with a visitation schedule that is beneficial to all. It is essential to use some flexibility because things can and will happen from time to time. The court will approve the visitation orders, and it becomes an official order. Anyone that does not follow this agreement is in contempt. Contempt charges can be filed if one parent violates the deal. A consistent issue with violations can equal jail time.
In our law firm, we see many different scenarios when it comes to visitation. First, we see a lot of issues with the custodial parent denying the other parent visitation. Children are often used as a pawn in a game to pit one parent against the other. The court heavily frowns on such behavior. Children should always be kept out of adult situations. When visitation is denied, and there are no court orders to back such actions, then we must file a contempt of court charge against that person.
If a parent has concerns for the health and safety of a child, they must bring those issues to the court to decide. They cannot take matters into their own hands and alter the visitation schedule. Additionally, if modifications need to be made to the plan because of a conflict or a change in the custodial parent, then this must also be brought to the court. While parents have control over the child, the matter of visitation and custody lies within the court. Modifications can be made to these orders with ease, in most cases. However, if one parent is trying to take custody away from the other, they must have substantial documentation, or the other party must agree.
You Need An Experienced Lawyer
Child custody issues are difficult because they involve matters of the heart. Having an experienced legal team helping will make things easier. We can ensure that the court hears your side of the story and that the court does its job by doing what is in the best interest of your child.