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Child custody cases in Brooklyn are some of the most difficult for a number of reasons. Both parties are arguing with each other, children are pinned against the parents, and things are done out of character by these adults that can negatively impact the parents for life. Working with the best Brooklyn child custody lawyers will ensure things go as smooth as possible and move along in a timely manner.
These are just a few of the reasons to be working closely with the brooklyn child custody lawyers.
Shielding the Children from Confrontations
Child custody cases are some of the most difficult to represent because emotions tend to get very heated without warning. One word can trigger a negative response that sends the parties at each others throats, and many times the children are the innocent victims who must watch their parents doing battle. These children are already traumatized because they will not be with both parents any more, and the fighting only makes things worse for them. Your Brooklyn child custody lawyers understand these are difficult times and things must be handled in a way that shield the children from the details of the case.
There will be things said and done that are part of the process, the lawyers have experience in being able to keep the children out of the line of fire so they are not subjected to any more than they need to deal with at this time.
Preventing Those Heated Arguments
Heated arguments between the two spouses can happen in the blink of an eye. One dirty look, one snide remark, and the two parties are ready to go to war. When these arguments take place, things may be done that could undermine the entire case, and negatively impact one or both parties for the rest of their lives. Your Brooklyn child custody lawyers understand tensions are high and emotions are raw, so they will only bring the parties together in crucial situations, and make certain these meetings are not going to bring up any hostilities.
Limiting the time the two parties have to be in the same room and only presenting them with information that will not spark and argument, will help move the case along faster and limit the chances of something being said or done that can be used in the court against one of the parties.
Finding Some Common Ground
One of the ways that the Brooklyn child custody lawyers will move the case along swiftly is looking for ways to find some common ground that will open the door of communication and allow each of the parties to negotiate more openly. The attorney will remind both parties that they did love each other at one point enough to have children, and now is the time to put aside those feelings of anger and resentment and find some common ground for the sake of the kids. These children are the innocents here, and every argument and delay only makes things more traumatic for them.
Your child custody attorney is going to present each side with alternatives to having to make each other suffer, and instead create a plan where both parties feel they have won a battle here and there.
Filing the Papers in a Timely Manner
These child custody cases are some of the more emotional that will take place in a courtroom. Knowing the end is near and wounds still raw, many parties use this as an opportunity to bash the other side one last time in front of a captive audience. If the paperwork was not filed correctly or in a timely manner, the case drags on longer than anyone wants and these outbursts occur more frequently.
The child custody lawyer has a team at the ready to look over every document to ensure they will filled out correctly, then present them to the court on time so the case can come to a close quickly. Filing the papers correctly reduces the chances of having to appear more than once in front of the judge.
As you can see, the Brooklyn child custody lawyers will act as the go-between to keep the peace and move the case along as quickly as possible so everyone has the chance to heal and start moving on with the next phases of their lives. Keeping the parties at bay, giving them what they really want, and moving things along swiftly, allow everyone involved to turn the page and start anew.
When marriages fail, one of the biggest concern is how the custody of minor children will be arranged. Often, this requires a lengthy hearing in family court and, unless the parents can come to their own agreement, a judge will likely make the final determination. If a child custody battle seems likely for you, it may be helpful to understand how brooklyn courts determine the custody of minor children.
Child Custody is a Complex Matter
Before you can understand how the courts determine which child custody arrangement is best in each case, it’s important to understand that there are two primary aspects to custody: physical custody and legal custody. Just because one parent is granted physical custody, that doesn’t mean he or she will also have legal custody. A closer look at these two types of custody can help you understand the differences.
Physical custody concerns the actual living arrangements for the minor children. Physical custody may solely be granted to one parent or parents may share partial custody. In partial physical custody, each parent gets a set number of days per week during which the child will live with them. In most cases, weekends, holidays, and vacations are divided up equally between the parents. For instance, each parent may have custody of the child two weekends per month in addition to weekday custody arrangements.
If one parent is granted sole custody, this doesn’t mean the noncustodial parent will not be permitted to see the child. While the main goal of the court is to act in the best interests of the children, they try to keep families as close as possible. Therefore, a noncustodial parent may be granted supervised or unsupervised visitation privileges. This is an opportunity for the children to spend a few hours per week with their noncustodial parent.
Legal custody concerns the decisions pertaining to the child’s upbringing. This can include a multitude of factors, including the child’s education, medical care, religious upbringing, and special needs. Whenever possible Brooklyn family courts try to divide legal custody equally between the parents, but this depends on the ability of the parents to communicate and compromise. Otherwise, the decision-making may be left up to one parent. The custodial parent is likely to be granted legal custody, but this isn’t always the case.
How is Child Custody Determined?
Child custody isn’t always left up to a judge in the brooklyn family court system. When a divorcing husband and wife is able to compromise and meet civilly, mediation is often the best way to determine child custody. This shows that they can arrive at decisions together without letting their past conflicts interfere. This is the best situation for minor children, because they’re already upset that the family dynamic is changing.
Unfortunately, not all couples can communicate well after a split and custody must be left in the hands of the brooklyn family court system. In this type of situation, each parent will have to show why he or she should be granted custody and the parties often petition the court for sole custody. This creates an adversarial situation, forcing the judge to separate the facts from emotional mud-slinging.
In making a decision, the judge will look for the living conditions provided by each parent. This may include the quality of the home, the home environment in regard to each parent’s activities, and the size of the home. The judge will also look at the temperament of each parent to ensure the child is placed in a safe and loving environment. It’s not uncommon for the judge to ask the child’s opinion about where he or she would like to live. The feelings shared by the children heavily influence the judge’s decision in many cases.
If one parent has a history of domestic violence, substance abuse problems, or engages in risky behaviors, the courts may determine he or she poses too great a risk to the child’s safety. In these instances, that parent may only be granted visitation rights and visits may be supervised. This allows the parent to stay in the child’s life, while he or she goes through counseling or gets other kinds of help for the risky behaviors. Sometimes, a parent may petition the court to reconsider partial custody, if he or she has successfully completed counseling.
The custody of your children is a serious matter to confront, so it’s not something you should attempt on your own. Your former spouse will likely have hired an attorney to represent them. If you go to family court without an attorney of your own, you’ll be starting the hearing at a significant disadvantage. Hiring a Brooklyn family lawyer will ensure that you’ll receive the best possible outcome in your child custody hearing.
A child support case typically arises when parents cannot agree on who will raise their child or where the child will reside. In a child custody case a lot of issues are resolved. The first issue is who is granted physical and legal custody. In Brooklyn, decisions are made according to the domestic relations law code 240.
Physical Custody involves Where the Child Resides
When a judge grants physical custody to a parent, they decide where the child will live. If they grant sole custody, the child will only live with one parent. If the judge grants joint custody, the child will reside with both parents. The next step in the case is to determine how the child will reside with each parent. Typically, each parent receives 50 percent of the time.
Visitation and Sole Physical Custody in Brooklyn
A parent is not granted physical custody is known as the non-custodial parent. The non-custodial parent may receive visitation. Visitation is a specific amount of time with their parent. The child may spend time overnight with the non-custodial parent, but will not live with them on a part-time or full-time basis.
A non-custodial parent will typically have a visitation schedule. This is a pre-determined time they will spend with their child. Also, the visits may be supervised or unsupervised. The latter means that no third party is watching the parent and child interact.
Legal Child Custody involves the Decision-Making Process
Many parents are not aware they must fight for legal child custody. This is the right to make decisions about how the child is raised. If a judge grants sole custody, one parent makes all the decisions regarding school, religious practices and medical care. The other parent has no say so.
Joint legal custody is given to both parents. This means both parents must agree on school, religion and other factors related to raising a child.
How does the brooklyn Family Court Decides Child Custody Cases?
The court must use the standard called what’s in the best interest of the child. This means the child’s needs are placed before what the parents want. A lot of factors go into determining what is in the child’s best interest. The judge must answer the questions regarding:
• Parent’s work schedules
• The weakness and strengths of each parent
• Each parent’s ability to raise their child
• Which parent can prove the most care and/or nurturing to their child
• Each parent’s mental and physical health
• The child’s preference (where they want to reside). The child typically is not involved in deciding legal custody.
• Any history of domestic violence involving each parent
No. Parents can agree to mediate the child custody issues to find a solution without the aid of a judge. If an agreement is made, it must be approved by the judge. Once it is approved, it is an order made by the court.
Yes. Child custody is typically ever changing. So, a parent can return to court to seek joint custody or a visitation modification. However, there is an exception. Once an order is made, a parent can only change it if the new circumstances changes what’s in the best interest of the child.
For example, a parent with joint physical custody would have to prove why it is in their child’s best interest to move from Brooklyn to queens. The other parent will have the opportunity to prove why the child needs to remain in Brooklyn
For more information or for legal representation, contact us.