What can be used against you in a custody battleConfrontations with your ex-spouse and children. Failure to pay child support and neglect of parental duties Incorporate new partners into their children's lives. Avoid contact between your children and your ex-spouse. Parties to custody and visitation matters can represent themselves or hire lawyers.
In some cases, when a party cannot afford to hire an attorney, the judge can appoint an attorney at no cost. The judge may also appoint an attorney to represent the child; this lawyer is called the Juvenile Advocate. The answer isn't easy and there's no magic bullet, but over the years I've noticed countless ways to strengthen a child custody case. If you have a child custody problem in New York State, contact my law firm for a free consultation.
Our main offices are in Westchester County in White Plains and we also maintain an office in Orange County. Our lawyers are aggressive and experienced to protect your rights and fight for custody. To get full custody, you must file a petition in the New York Family Court and that petition clearly state the reasons why you should be granted full custody. You should promote the best interests of your child in your petition.
An unfit parent is any parent who is unable to meet the needs of a child with respect to his or her health, safety, education, or general welfare, or who has endangered the child's physical or emotional well-being, such as physical abuse, sexual abuse, or a history of violence. Filing a petition in New York Family Court is free of charge. You are also free to file motions and other legal documents. Yes, an attorney is needed to advocate on your behalf.
An experienced Family Court attorney will be knowledgeable about New York Family Court Law, case law, local family court procedures, and can devise strategies to help you gain full custody. Courts look at the child's maturity and pay close attention to the parents' external influences. Children have their own lawyer in family court proceedings and those lawyers can replace their sentence. Usually, a child over 12 years old can express a preference for where they choose to live.
The New York Family Court does not give preference to either parent for a custody award simply on the basis of gender. This applies to both legal and physical custody. Family court judges are required to apply the child's best interest standard when granting custody. Legal child custody is an important aspect in any child custody dispute, whether in the divorce (marital) process or.
If you and the other parent can't come to an agreement, your case will go to trial. Custody can be decided when a divorce has occurred in New York or when the parents have not married but have had a child together. Whether or not there was marriage is not an important factor in deciding where the child should live.