Based on New York law, the “best interest of the child” is the standard for determining custody. There are several factors that go into determining it, which includes primary caregiver and the friendly parent doctrine, which has to do with parental alienation and willingness to co-parent. A skilled child custody attorney could help you determine the best interest of a child in Albany, and secure your custodial right.
When determining child custody, the court considers the skills and abilities of each parent to determine which household the child should live in. If the child is an infant and the parent has not taken an interest in parenting before, they must be willing to take parenting classes in order to learn the basic child-rearing duties. A judge must also consider any history of domestic violence or the mental and physical fitness of the parent.
If the child has any special needs, the parent needs to be willing to accommodate for those provisions. If the parent refuses to acknowledge that the child has a mental illness or disability, then that will likely lock them out of being the primary custodian.
The work schedule and childcare plans must also be considered, as well as whether this child has any siblings whom they are close to. Visitation and communication are essential components to the best interests of a child in Albany.
Each child in New York is assigned an attorney for a custody case, and that attorney can either represent just one child or all of the children in a family. That attorney is supposed to relay what the child’s wishes are to the court. If they are too small to actually voice their wishes, then the attorney reports their observations and concerns.
The children’s attorney must try to convey to the child what each potential decision from the court will mean for them. Parents should be aware that these advocates input their own opinions and judgments of what they feel best for the child; this may not always align with the wishes of the parents.
If the judge makes a ruling, then the parents need to follow that order, even if they disagree with it. The parents must make every effort to ensure the child is following the order. If the child is an older teenager who is trying to avoid following the legal orders, it usually results in repeated petitions of violation. For this reason, it is necessary for the minor’s lawyer to clearly explain the consequences of violating the custody arrangements.
It is possible for the best interest of a child in Albany to change over time. A newborn baby will likely need to be primarily with its mother, such as for breastfeeding purposes. But as time goes on, their needs could change, or the custodian’s life situation might alter to a point where it is more difficult for them to provide a healthy and stable home environment. Parenting for an older child might be easier since there are more things they can do to take care of themselves.
If someone wishes to have a court order changed, they must prove that there has been a substantial change in circumstances that warrants it. It also should not be something that could have been reasonably foreseen at the time the original order was made.
Even if both parties agree to a modified court order, it must still be approved by the court. It is good to have the force of law behind an agreement so that if someone is not living up to their side of the agreement then there is an authority who can force it to be done.
The needs of the child come first when entering into custody negotiations. They must be put it a safe environment where they can thrive and stay healthy. Sometimes the best scenario for that to happen can be subjective, which is where a lawyer could help. Reach out today to discuss the best interest of a child in Albany.
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