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The Colwell Law Group, LLC 200 Great Oaks Blvd,(518) 213-4204
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Albany, NY 12203 Get Directions
Legal matters concerning children have the potential to be even more emotionally volatile than those about divorce or alimony. Courts will attempt to find a fair and compassionate resolution but it is still a good idea for you to team up with a seasoned child custody attorney. They can speak to you about the unique aspects of Albany child custody cases and how it might affect your child’s future.
The first thing that a court looks at is what is in the best interests of the child. They will look into whether the child has a stable home life and a healthy lifestyle. A court will also consider the presence of siblings and whether the individual parents plan on living in a house or in an apartment.
If somebody is the primary caregiver, even during the relationship or the marriage, then that is a relevant factor in determining custody. Being the primary caregiver can refer to the person who:
If the child is old enough, their specific preference can have an impact on custodianship. Taking into account the wishes of a child who may not fully understand legal implications makes this one of the more challenging and unique aspects of local child custody cases. Additionally, if one parent is in a relationship with another individual, that individual’s life and demeanor can play a part in the decision.
If visitation rights are not determined via negotiation between the parties and their attorneys, then it can be settled after a trial by a judge. If one of the parties objects to the determination, then they can issue a written objection to the court, which the court will re-evaluate. The contesting party can then appeal the decision to a higher court if they are still not satisfied.
A child custody agreement can be renegotiated at a later time if the circumstances warrant it. To do this, one of the parties must show that there was a substantial change in circumstances that was not foreseen at the time of the previous order. Alternatively, their previous order could include terms that allow them to re-petition once any number of events occurs. An example of this is if a particular parent completes a certain number of counseling sessions, or completes a certain number of months while operating under a strict schedule, they can then re-petition for additional custody time.
A parent should always consider what is in the best interest of their child, and what arrangement maintains their relationship with both parents. It is easy for people to get lost in the emotional component of a divorce and how they feel about their soon-to-be ex-spouse, possibly causing them to forget that it is in the child’s best interest to have a relationship with both parents. In this way, child custody cases in Albany are a little more unique than other areas of family law where one party could theoretically come out of negotiations with a clear advantage.
However, lawyers and judges also understand that there are certain circumstances where equal rights between parents may not be appropriate or safe. These concerns can be raised during the custody negotiations.
Albany County occasionally recommends co-parenting counseling or mediation matters. These are mediation opportunities for parents to discuss their concerns and goals with an unbiased third party. Mediating the issues without the pressure of the legal system could allow for an easier resolution.
The decision of who will retain custody or visitation rights with a child is one that courts put a lot of thought into. Hopeful parents will likely have to present evidence of their involvement in the child’s life and their economic situation. The aspects that are unique to an Albany child custody case are not difficult to understand but can be discussed with a lawyer who knows how important this is to you. To learn more, place a call today.
Seek the help of our experienced legal team today to go over your case and discuss how we can help