New York law outlines several aspects that a judge will take into consideration when determining child custody. It's also important to remember that the judge is expected to make decisions based upon the child's best interests.
Prior to appearing before a judge Parents should try to reach an agreement concerning custody with their children. It will limit how much adjustment a child has to do.
The court considers the preferences of the child
Although headlines about children turning on the courtroom and being interrogated about the people they'd prefer to live with can be a source of fear for some but the reality is that children's preferences are a crucial factor for judges to think about when deciding custody decisions. Actually, over 30 states have a provision that allows judges to assign the weight of a child's preferences. The manner in which this is done varies from one state to another.
Judges usually meet with a child private in an informal environment which could be in the chambers of the judge, so that the child doesn't have to appear in trial. The lawyers of parents will often be there for questions from children. The goal of this is to ensure that the child has the most effective preparation, and to prevent any parent from putting stress on them. Most often, judges restrict the questions to the ones that are age-appropriate.
In general, the more mature a child gets and the higher the importance given by the judge to his or her preferences. A child who is older than 14 years old can give meaningful feedback. Kids younger than 9 aren't generally capable of contributing, unless it is an emergency such as domestic violence or substance abuse.
A judge is looking for certain and logical options in weighing the child's choices. As an example, a teenager might decide to live with their mother because they think she's more accommodating of their preferences. But, on the other hand children of a younger age may prefer to stay alongside their father, as they think he'll be more active in their lives.
A judge may be able to consider how the parents live their lives and their capacity to be stable and able to care to the requirements of the child. As an example, a judge will look into whether a parent has a habit of using drugs, is involved in a sex life or has a past in domestic violence. The judge also will consider the bond that exists between the parents and child, as well as if parents can offer an uninvolved and safe home.
Sometimes, the judge can decide to grant primary physical custody or sole legal custody of the child to either parent. It is a measure that judges use as an alternative when they feel that the parent who is not able to take care of their child. Sole legal custody is not granted when there is evidence of domestic violence or if a parent has been found guilty of abuse to children. In these instances the judge may deny visitation rights the parent who is guilty, and parents who are not in custody will be asked to pass a background investigation before receiving rights to see the child. In cases in which the court feels that one parent is a danger to the safety for the child they can ordain visits with supervision.
The Court takes into account the needs of the child
The child custody agreement is an legally binding contract that defines the parent with the main responsibility for the child, and that is the one who has major control over how they will be raised. The judge must determine what's most in the best interests of each child depending on the particular situations of each child. The judge may award parents sole custody, joint custody, or any other arrangement.
The court considers many factors when making a child custody determination, such as the wishes of the parents in relation to the children with each parent and their family members, as well as the capability each parent to fulfill the child's physical, psychological and mental demands. It is also required by law to consider a child's preference at the time they're old enough to be able to speak about it. It is generally considered when a judge determines a parenting plan or an order of temporary custody.
The judge might create a parenting schedule Parents can also develop a strategy for themselves. It will detail the amount of time each parent will spend with the kids and also how holidays or vacations, as well as other important occasions will be shared. A judge has to be in agreement with these plans before they can be made effective.
If the judge does not approve of a parenting program and decides to make its own custody arrangement. A judge can award jointly legal or physical custody or both. It is also possible to determine how much visitation time a noncustodial parent will be permitted. Judges are only likely to refuse noncustodial parents visitation rights if they have abused their children emotionally, physically or in any combination of the two.
A joint custody arrangement, the parents share both the physical and legal custody rights of their respective children. Each parent has the power to decide on the health of their child, his education and wellbeing. But, children should be spending a similar amount of time with both parents. It allows for both parents to build a strong rapport with their children and also gives their children the feeling of consistency and stability.
A sole custody arrangement grants one parent physical or legal sole custody. It means that one parent has the ultimate say regarding the child's health, educational and welfare, and parents with other children will have only a limited, if not complete, access to the children. Judges don't generally exhibit any bias towards fathers or mothers when it comes to sole custody situations, but they must determine what is most beneficial for the child as well as what can offer them the best assurance and peace of mind in the coming years. It is sometimes difficult to determine if there is the abuse of a domestic partner or addiction to drugs.
The court is able to consider the parental needs
The judge is likely to hear about a parenting strategy that parents and children can all come to an agreement. Unless there is some reasons to believe that the parents won't be able to find a plan that works, judges usually are looking to ensure that both parents involved in children's lives to the maximum extent possible. In order to do that, they evaluate each parent's capacity to meet the children's requirements. It is important to provide clothing, food, shelter, along with a stable family environment. A court is required to determine which parent been the primary caretaker of the child over the years. If the parent who has been accountable for the majority of childcare will likely get to spend more time with their kids.
The child is asked to express their preferences for custody when they are at a certain age. This will be done in a secure, private environment, typically in the chambers of the judge, not the courtroom. Social workers who are trained may be present to determine the strength of the child's relation to each parent as well as how well they're able decide in their own.
Though the needs of a child are considered, they will not receive the same amount of weight as the court's determination of what is in the child's best types of child custody interest. For instance, if the child is wishing to stay with a family member who is less generous or more spoils them the way they want, it will not be considered. The wishes of children who have been emotionally controlled by one parent will not be taken into consideration either.
Apart from assessing the requirements of the child, judges will look at how cooperative parents were when they came to an agreement on custody and visits. The judge will also take into account if one parent has been able to build a harmonious relation between their child and the other parent. Judges may be less supportive of parents that are known to criticize the other parent prior to the child. They might not grant custody.
The judge will also take into consideration the mental and physical health of both parents. If one parent is susceptible to abuse of substances, domestic violence or other issues and/or issues, it might be hard for them to take care of their child. In such cases, the judge might decide to award sole physical custody of the other parent or award them the sole custody legally. The majority of states don't have presumptions about favoring parents over each other or having sole legal custody to just one parent. Each state makes custody decisions on an individual basis, based on what is in the best interests of the child.