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NEW YORK FAMILY LAW ATTORNEY

Jacob Silver

Attorney At Law

1225 Franklin Avenue

Suite - 325

Garden City, NY

11530

(516) 374-1452 - Phone

(718) 797-4141 - Fax

http://www.lifamilylawyer.com

advocate@mindspring.com

Child Custody and Visitation

The parent must also show that altering the arrangements would be in the “Best Interest” the child. The most amicable manner in which to have custody changed is to have an agreement to modify custody approved by the court. No matter what the parents opinions may be, all custody decisions and changes are ultimately the responsibility of the court. Joint custody can only be ordered upon the consent of both parties, and provides for both parents to continue supporting and caring for their children. Joint custody can be legal custody, physical custody or both.

Each year, many children are affected by the separation or divorce of their parents. The negative consequences for children are aggravated if parents become involved in protracted conflict over separation. While courts, cannot eliminate such conflict, working with families is one way to help children and their parents adjust to a new family situation. The goal of this is that it minimizes the potentially negative impact of separation and divorce on children;

provides parents with the tools they need to reach parenting arrangements that are in the child's best interests; and

ensures that the legal process is less adversarial; only the most difficult cases will go to court.

Some parents need support to make decisions about their children's care. They need tools to help them minimize conflict, co-operate and work out child-focused parenting arrangements. Parent education courses, mediation, and other court-related services are all types of services that can be used to achieve these goals.

Best Interest Criteria

The 'best interests of the child' has been the core principle of family law for some time. This core principle is reaffirmed and strengthened by adding a list of best interest criteria to the Divorce Act. The list will help parents, family justice professionals and judges determine the child's best interests in his or her unique circumstances. The following is a list of criteria that will have to be considered:

the child's physical, emotional and psychological needs, including the child's need for stability, taking into account the child's age and stage of development;

the benefit to the child of developing and maintaining meaningful relationships with both spouses and each spouse's willingness to support the development and maintenance of the child's relationship with the other spouse;

the history of care for the child;

any family violence, including its impact on:

the safety of the child and other family members,

the child's general well-being,

the ability of the person who engaged in the family violence to care for and meet the needs of the child, and

the appropriateness of making an order that would require the spouses to cooperate on issues affecting the child;

the child's cultural, linguistic, religious and spiritual upbringing and heritage, including aboriginal upbringing or heritage;

the child's views and preferences to the extent that those can be reasonably ascertained;

any plans proposed for the child's care and upbringing;

the nature, strength and stability of the relationship between the child and each spouse;

the nature, strength and stability of the relationship between the child and each sibling, grandparent and any other significant person in the child's life;

the ability of each person in respect of whom the order would apply to care for and meet the needs of the child;

the ability of each person in respect of whom the order would apply to communicate and cooperate on issues affecting the child; and any court order or criminal conviction that is relevant to the safety or well-being of the child.

Child Custody Facts to Remember:

The court makes the final decision, thus assumes full responsibility in order to permanently safeguard the child against acute or chronic feelings of guilt.

In most states the court will consider the child's wishes differently according to his or her age.

In a situation involving more than one child, experts feel that it is usually best to keep all siblings together with respect to the custody arrangements.

Divorce splits the bond of husband and wife, and custody splits the bond of parenting.

 

 

Jacob Silver, Attorney At Law

Office Address

1225 Franklin Avenue Suite - 325 Garden City, NY 11530

 

Telephone

(516) 374-1452

 

Fax

(718) 797-4141

 

Electronic mail

General Information: advocate@mindspring.com