While parents may have different ideas about how they would like to raise their children, the court will look at what is truly in the best interests of the child. A judge will consider the parents’ wishes, but will also weigh a variety of factors such as the safety and health of the child, the relationship with each parent, the home environment, the school setting, extracurricular activities and any other relevant issues.
One of the main challenges in custody cases is that it’s difficult for people to set aside their own differences and see things from the other person’s perspective. This can be especially true when it comes to parenting styles. In addition, both parties may have a lot of emotion invested in the outcome of their child custody dispute.
A good way to resolve disagreements about child custody is to try mediation. This is an alternative to traditional litigation, and can be a more efficient way to reach a mutually acceptable custody arrangement. Mediation involves a neutral third party, who helps the parties to find common ground on a range of issues. It can be less stressful than a trial, and it may be less expensive.
If a parent isn’t able to reach an agreement on their own, they can request that the court hold a child custody hearing in New York Supreme Court or Family Court. During this process, the judge will hear testimony from both parents and other witnesses, such as teachers and family friends. They will then decide what type of custody arrangement is in the best interests of the child.
Depending on the circumstances, judges will usually try to award joint legal and physical custody to parents. This will enable the parents to make decisions together and be involved in their children’s lives. However, if the judge feels that one parent is better equipped to be the sole decision maker for the child, they will grant that parent sole legal custody.
In these situations, the non-primary parent can still be awarded visitation rights. This is a great way for the child to maintain a healthy relationship with both parents. However, judges are unlikely to approve of a situation where one parent bad mouths the other in front of the child or interferes with visitation in any way.
A domestic partner or former spouse of a child’s parent can also seek custody under special circumstances. They will have to prove that they had a significant and ongoing relationship with the child, and that it is in their best interests to remain involved. This is a relatively new development in law, and many states are now considering it as an option for children who live with domestic partners. In order for this to happen, the former partner will need to have proof that they conceived and/or raised the child as part of their relationship with the child’s parent.
Finally, it is essential to understand that even opening a custody case can be stressful and expensive. As such, it is best to work with a qualified and experienced attorney from the very beginning of the process. This can prevent the need to file an emergency motion for custody, and can ensure that all required paperwork is completed properly. Moreover, it can save both parents time and money in the long run. Contact an experienced divorce and family law attorney in Miami today to get started on your custody matter. Taking these steps early in the process can make all the difference in the outcome of your child custody case.