Parents who have spent significant time and resources raising their child can use this to showcase a stronger relationship.
Brooklyn, NY – It is very important for anyone who is having an argument with the other parent to be adequately prepared for a custody hearing. This preparation should be done with an attorney, and there are a few specific focuses that are always relevant to custody hearings in New York and other states.
While the general standard used in custody hearings is the best interests of the child, there are some specific things that the judge will consider to determine the suitability of the parent.
Stability and solidarity with the community
Ideally, the judge wants to disturb the child’s living situation as little as possible. They will try to ensure that they do not have to change schools, residences, or family members when it is realistic to do so. It also means that the judge is unlikely to want to end a parent’s custody entirely unless there are serious doubts about their ability to raise a child.
Parenting problems
In some cases, a parent can bring up negative aspects of a person’s past to reduce or remove custody. This can include child abuse, neglect, criminal cases, substance abuse problems, financial problems, and long periods of unemployment or health problems that can prevent the person from caring for a child. A history of any of these issues can leave the judge unsure of their ability to create a stable home environment.
The child’s preferences
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It is possible for the judge to give serious weight to the child’s own preference. However, this becomes much more worrying for teenage children who are nearing adulthood and who are independent. If a very young child has certain preferences for a particular parent or environment, it is less likely that those concerns will be weighted in the final decision.
Time commitments
Parents who have spent significant time and resources raising their child can use this to showcase a stronger relationship. After a parent has fed, taken to school, provided medical care, and assisted in their daily activities, the judge may decide that it is in the child’s best interests to keep this routine going without major disruptions. The documentation of these obligations and their costs can be used as evidence.
More information from a family lawyer
Elliot Green Law Offices is a family law firm dedicated to helping people with custody issues, divorce, and other related issues in the Brooklyn area. Your attorneys can discuss these matters in more detail with anyone who sets up a counseling appointment.
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