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Divorces can be heartbreaking events if there are children involved. If there is a custody tussle, you want a lawyer who guarantees that you keep the kids or at least get a decision that is favorable to you. This calls for the services of the best Queens, NY family court lawyers you can find. With their services backing you, the child custody battle can be favorable to you. However, you also need to know what to expect in a custody hearing so that you are more prepared. By laying out some of the aspects involved in family law, you can have a better chance of having calm nerves.
There are various elements you need to consider with regards to custody hearings. As a parent, your first move may be seeking to get full custody of the child. However, should this fail, or if it is not your first consideration, you may want to still remain involved in their lives. This means that you will go for enhanced visitation rights as well as the say in making important decisions in the lives of the children. If you get full custody, you might also want to get child support from the other parent if he or she is capable. These decisions are mostly reached by the couple after entering into agreements with the assistance of mediators and attorneys. In extreme cases, the courts may be involved if the two parties cannot reach an agreement. It is in your best interests to ensure that the case does not get to be determined by a judge since the outcome can be against you.
If you and the other parent are not married, the law by default awards sole custody to the mother. However, the father can also seek custody if he wants, but in this case it is difficult for him to win if the mother proves to be a good parent. In this case, the father can get some form of custody as well as satisfactory visitation rights. The process of coming into a workable custody solution can depend on either the agreement by the parties or by the decision of the family court. There may be limited and less messy discussions involved in discussing custody for unmarried parents as compared to those that are divorcing. If the case reaches the family court, the judge will make a determination in favor of the parent that is viewed as the primary caretaker. A primary caretaker should be able to demonstrate participating in activities such as bathing and grooming the child, providing meals, making health care appointments, dressing the child, and supporting the involvement in extracurricular activities among others.
There are some instances when the people seeking for custody of the child are not the parents. These may include the relatives such as grandparents and uncles. There are various circumstances that may lead to such an eventuality. Whatever the cause, the court system refers to this process as vying for guardianship rather than custody. The person looking for guardianship is supposed to file a document in the family court outlining his or her relationship with the child as well as the status of the parents. With regards to the latter, the petitioner should declare whether any or both of the parents are alive or not and if they are, whether they are capable of raising the child. The petitioner should also state the reasons for filing for guardianship as well as the ability to support the child.
When making custody decisions, the family courts consider a variety of factors. The have to ensure that the best interests of the child are looked at. Since the courts are at a distance from the intimate family setting, it can be difficult to determine the best interests. In addition, the divorce process can be messy with each side seeking to show that the other parent is unworthy of custody. If the children are of a certain age where they can make decisions, the courts will ask for their opinion. Other factors to be considered include:
• The school and community attachment
• Interaction with extended family members
• The health of both the parents
• The religious and cultural factors
• Stability of the home environment
• The financial status of the parents
• Ability to provide a home for the child
Determining the custody of a child is never an easy undertaking. There are emotions involved which means that the discussions can be heated at times. In this case, you need the support of some of the bets NY family lawyers you can find. This will ensure that you get a decision that you want. Get a lawyer that has experience in handling such divorces since it means they are best placed to offer the services you need. In case you are not married, you still need the services of family lawyers to advise you through the process.