Brooklyn, NY – When parents have an argument over custody of their child, they will need to utilize the local family courts to receive a formal order that dictates which parent has custody at certain times. There is no presumption that one parent or another should have more custody time, so parents who are willing to work together often have an advantage. However, if a dispute is upcoming, there are important issues that should be reviewed with legal assistance.
Lack of disruptions and stability
Because the courts look to maintain stability, the parent that seems to know the most about the child’s life and routine will have a strong argument to keep custody. For example, if one parent constantly takes the child to school, doctor’s offices, and engages in extracurricular activities and hobbies, they will have a strong advantage over another parent that cannot answer questions about these areas. It may be easiest for the judge to simply allow the parent that is more involved to keep their same routine.
The parent’s background
If two parents are arguing over their children, negative aspects of each parent’s background may be revealed during the custody hearing. This can include financial instability, criminal records, substance abuse issues, unemployment, mental health problems, domestic violence, and prior instances of child neglect or abuse. If one parent has a clean background and record, while the other does not, this can be a significant advantage for one side.
The child’s own desires
Courts do attempt to take the child’s opinion into consideration as well, especially when they are old enough to assert a meaningful presence and start to handle responsibilities on their own. However, when the child is very young, the judgment of the court and the parents tends to supersede any of the child’s intentions.
The best interests of the child standard
Many aspects of family law that dictate child custody and support are related to serving the best interests of the child. This gives the judge room to decide what they believe will work best for the family and their children, but there are also guidelines that dictate how the judge should rule. Courts can deviate from their guidelines as well if they find that there are circumstances such as special needs, health problems, or other unique situations that warrant special care or non-traditional custody arrangements.
Experienced New York family lawyers
Elliot Green Law Offices deals with various family law cases in the Brooklyn area. Anyone who needs help navigating the family court system can contact the firm to learn more about how to proceed with the assistance of a licensed child custody attorney.
Firm contact info:
32 Court Street, Suite 404, Brooklyn, NY, 11201