When it comes to retaining custody of a child, many parents believe their living situation is the preferable choice. However, there are multiple factors involved in determining a child’s best interest in Albany. Furthermore, there are things you can do to increase your odds of success. It is wise to retain the services of a trustworthy child custody attorney who could provide sound legal advice during this time.
A lawyer could help someone begin to gather evidence of their fitness as a parent before even petitioning for custody. In custody petitions, there tends to be a lot of “he said/she said,” which is why it is a good idea to keep a log of interactions or concerns that might impact the decision.
An attorney could also help with drafting the petition, which is important because there are a number of things that are unlikely to be admitted to at trial, such as domestic violence incident reports. Attaching those reports to a petition can be helpful in clarifying to the court who should take custody. A parent’s propensity to become violent can be one of the major factors in determining a child’s best interest in Albany.
From there, it is important to negotiate with opposing counsel. This is something that a lot of people do not take into consideration when going to court because they see greatly exaggerated cases play out on television and movies. Negotiations are how most custody matters are resolved.
If an attorney has preexisting relationships with other lawyers or judges in the area who may play a factor in custody negotiations, that could help ease the negotiations and make them more effective. Knowing what a particular judge is looking for can go a long way in achieving a positive outcome. Legal counsel could also ensure that a parent does not misinterpret an order and that they know exactly what to expect in this new arrangement.
It is beneficial to keep a notebook of interactions that someone had with their child or with the other parent, and include what the child said about their experiences with each. These thoughts could help paint a picture of which party a minor might be better-suited to live with. The notes should especially document any potential evidence or abuse or neglect, with specific timeframes included. Other ways of evaluating a child’s wellbeing include looking at their school and medical records, which could indicate if a certain situation is beneficial or detrimental to them. A mental health evaluation or counseling could also be utilized. Documentary evidence like this is a key factor involved in determining the best interest of a dependent in Albany.
The financial capability of a parent is generally not considered. The court typically treats custody and child support as separate issues that do not need to be argued together. It is preferable in the eyes of the law to place the minor in the care of the more capable parent even if they are not as financially well-off, so long as the ex-partner can provide support.
Specific evidence regarding a child’s wellbeing, including documents and reports from school and healthcare providers, are some of the most valuable tools in a child custody case. It is also helpful to have a lawyer who knows the other figures involved in the process. For more information about the factors involved in determining a child’s best interest in Albany, call the office at your earliest convenience.
Colwell Law
N/a
518-462-4242