What Effect Does A Childs Attorney Have Over Custody In Divorce
When a family law court decides custody, they must consider the best interests of the children involved in the case. In New York, this means that courts must balance the ability of each parent to care for the children and provide them with a stable environment. In addition, a court will also take into consideration each child’s wishes and the totality of the circumstances to determine what is in the child’s best interests.
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The primary reason for this is that the court has a duty to protect the health and safety of children. If a parent is abusive, has substance abuse problems, or otherwise poses a threat to the well-being of the child, they are not considered fit parents. Consequently, the court will not award them custody.
It is common for a divorce to end in a custody battle. In some cases, the parents reach an agreement on how they want to handle issues relating to their child. In other cases, the parties cannot come to an agreement, and the court has to make a decision on the matter.
Depending on the circumstances of the case, the court may grant either joint legal custody or sole physical custody. In most cases, however, the court will award parents joint legal custody. This is because joint legal custody allows each parent to be an active and involved part of their child’s life and decisions.
If the court grants a parent joint legal custody, they will have the right to make all decisions for their child – including medical, educational, religious, and other matters. They are not required to consult with the other parent before making these decisions, but they can if they wish to do so.
A parent with joint legal custody of a child may not be allowed to move out of state without the other parent’s permission. This is because it can be difficult to predict the impact a change in location would have on their child’s life and relationships.
The child’s preferences are the most important factor for courts to consider. They should be able to express their desires and preferences in the way that is most effective, which may include speaking to their lawyer about these wishes and preferences.
Similarly, the child’s relationship with his or her siblings can play an important role in the court’s evaluation of the child’s best interests. Generally, a court will prefer to keep the children’s siblings together as much as possible.
If a parent moves out of state with their children, the other parent will have to apply for a relocation order in order to gain the right to pick up their children at school. This will usually require a judge to consider what would be in the best interest of the children and their families, as well as what the new location would be like for the child.
In some cases, it may be possible for a judge to impose a special order based on the specific needs of the child. For instance, if the child has a severe emotional condition, he or she may need special attention and support during the transition.