There may also be practical concerns about creating a shared custody plan, such as a parent who works long hours or travels often.
New York, NY – New York and many other states use a similar standard to decide how child custody matters will be handled during a hearing. This standard is called the best interests of the child. There are some statutory factors that should be considered by a judge, but the judge assigned to the case also has a certain amount of discretion regarding what they consider to be the optimal living situation for a child who will have time divided between two parents.
Ability of the parents to provide a stable environment
One of the most crucial concerns is whether each parent has the means to provide a stable, safe environment for the child to grow. This includes healthcare, education, shelter, and other basic needs. If the judge sees that one parent does not have much of a prior relationship with the child, many of these tasks have been performed by the same person, or a parent has problems with financial instability and unemployment, these things can all be considered in the custody determination. Each parent will try to present their situation in the best possible manner for the judge to see that they have made an effort to create a positive, stable living situation.
Health and safety
The law that guides judges says that the child’s health and safety should be the most important concerns. In practice, this may mean that one parent will mention problems from the other’s past that may cast doubt on their ability to provide a healthy and safe environment. Such problems can include substance abuse, criminal records, child neglect or abuse, domestic violence, or an inability to parent due to the person’s physical limitations and health problems.
There may also be practical concerns about creating a shared custody plan, such as a parent who works long hours or travels often. It is less realistic to expect a person with these kinds of commitments to be constantly available as the child needs assistance.
Following a custody plan
Once a judge has signed off on a custody plan, this is a legally binding document that can only be modified through the courts. This means that a parent who has issues with not following the plan or engaging in other forms of misconduct after the plan is in place may face consequences related to reduced custody time and other issues when the judge reviews their actions. In extreme cases, they can be placed in contempt.
How to get more information from local lawyers
USAttorneys.com is a directory that lists lawyers with various specialties in each state. Anyone who needs to find a child custody attorney in New York can use the site to find the right legal professional.
Join the conversation!