Judges are generally reluctant to change the current situation, particularly when children have settled comfortably into their home. However, they will take preferences of children into consideration.
You can either talk directly to your child, or get their opinion from an evaluation expert. However, they weigh them against the other factors mentioned below.
Living arrangements
Child custody arrangements is based on several factors. Living arrangements of parents, their lifestyles and financial status along with the ability of them to care of the child various factors. A judge, for instance, may decide to grant a parent custody when they've the stability of their home as well as a tidy home. Living arrangements may also be impacted by the age of the child. For instance, a court is likely to pay more attention to the preference of an older child in comparison to a younger one.
The family lawyers of New York are able to discuss how your lifestyle could affect the outcome of your legal case. If the child is living with both parents, you could be awarded joint legal custody and shared visitation. Shared legal custody arrangements can allow both parents to take part in deciding on the child's educational and medical needs as well as extracurricular activities, religion as well as legal matters. The child's main residence is with the parent who has the legal custody.
A judge can also give one parent sole physical custody, with access rights for the second parent. It's not uncommon for both parents to have a strong relationship with their child, and they can make major decision together, without conflict. It is also common for children who live with both parents and has the ability to manage frequent interactions. Communication with parents who are not custodial may be accomplished through phone messages, email, texts messages, school events and other activities and visits controlled by one of the parents.
Child's wishes
It is possible that the needs of your child will be taken into consideration in any custody decision you decide to make when going through divorce. However, it's important to note that a judge's decisions will be determined by what's best for the child's wellbeing and not on what parents wish for.
In a number of states the laws specify the factors courts must be aware of when determining custody. The factors include the child's preferences and their relationships with their parents and siblings, and whether or not the parents have the capacity to provide shelter and care.
A court could be required to consider the child's preferences when they reach a certain age. For example, in Texas, Mississippi, Oklahoma and Tennessee The law stipulates that children have to have a minimum age of 12 years of age before courts will consider their declared preference. In some situations judges may conduct an interview with the child in order to determine the level of maturity. In these meetings, parents aren't allowed to be present. A law guardian, or "guardian ad at litem" child custody lawyers will typically be assigned to interact with the child.
The judge is often heavily influenced from the viewpoint of an impartial third party. The guardian's opinion is impartial and has no affiliation with either parent. They'll report on their opinions on what is most beneficial for the child.
Abuse or neglect
If one of the parents is abusive to the child, or is about to be abusive, the court typically denies the parent custody. This includes any form of violence, the physical, mental and sexual. If abuse is alleged or suspected, the matter should be made known to the police as soon as possible and the evidence must be presented to the judge. These evidences can be witness declarations or affidavits from relatives, photos of injuries or vandalism, and evidence of phone calls that include threats and harassment.
It can be hard to discern between neglect and abuse, as well as the actions that a child exhibits can appear confusing. A few indicators of neglect are being wary of their parents or strangers, an excessive amount of affection for them as well as inappropriate sexual behavior for children of a certain age and lack of hygiene. Insufficient shelter, food, clothing, or medical attention can also be a sign of negligence.
In certain cases the judge may ask Child Protective Services, for Long Island cases, or the Administration for Children's Services, for New York City cases to carry out an Court Ordered Investigation. The worker will visit the home, conduct an interview with the child and parents before writing an investigation report to be examined by lawyers and judges. Discovery is a procedure where parties can ask for documents from the other party in the dispute, including depositions and documents. Domestic abusers often use this method to influence custody negotiations by making excessive requests for these types of documents from the judge.
The age of the child
Age plays a significant factor in custody decisions, especially for older children. Courts can take into account the wishes of the older kids, who generally have greater independence. However, they have specific issues, like how much they'll be able to save for college and how will cover their fair share of costs for their household. Certain states permit judges to consider preferences for children older than 14 years of age, when they're in their best interest.
The courts were accustomed to following a concept known as"the rule of tender years. Based on this rule, the custody of a young child was awarded automatically to the mother unless reason was provided to prevent the custody. But, justices have decided to abandon this doctrine. Judges now decide which of the parents is competent to take care of children. In deciding custody and access to the child, a judge will consider the needs of the child, their age, gender, and sex.
In general, children between aged of two and three can't handle periods of being separated from their parents. Kids between two and three can't bear time without their parents. This is why many judges support flexibility for these children. It could lead to improved co-parenting relationships and less tension. There are children who do not comply with guidelines for visiting and might not have a meeting with their parent. The judge could hire a social work to determine what the child's needs are.
Gender
Some men feel that courts favor mothers in custody disputes and are unfair to fathers. The bias stems from the notion that women are better at nurturing children and taking care of children than males. Studies have found that bias against gender persists in spite of current gender-neutral laws and research. The media may selectively report cases of gender bias, or misogynistic ideas and structures which are instilled into social norms.
Child custody cases is also influenced by how judges judge a parent's behavior and their contributions to childcare. The judges may believe that men are more responsible as compared to women, in order to be successful in custody cases. It can result in an unjust decision regarding custody or discrimination in favor of women.
Another reason judges might have biases in child custody proceedings is that they tend to favor single fathers. It could be that they believe that men just care for themselves and their buddies and do not care about children. The idea could be false as research has shown that fathers with no children are as caring as their wives with regard to their kids.
There are ways to reduce the gender-based bias that exists in custody proceedings including giving more people the opportunity to be engaged in the decision-making process. The jury could also be involved. Another solution is to ensure all parties are provided with identical information prior to making decisions. It will prevent any bias, since both parents stand the same chance of being awarded custody.
Financial ability
Overall, assets of wealth and money have less impact on making decisions about child custody than other aspects. Judges are able to consider parents' incomes, but just in comparison to other variables like the ability of their family to support the child's needs or their ability to afford to maintain the child's housing arrangements.
The courts can employ an exact formula unique to each state in order to determine child support. This formula takes into account things like the incomes that both parents earn, earning of the children of previous marriages, costs related to childcare, protection provided by health insurance for the child and the share paid by the other parent for the daily expenses pertaining with raising the child. If a parent paying child support suspects that their spouse has taken advantage of the money for child support and is unable to pay, they may request an inquiry or modify from either a state or court.
Parents who are paying child support know that they cannot dispute the behavior of the parents who are their custodial partners as these parents aren't legally obligated to keep track of these data. If a parent who pays that the parent of their child has been spending money on purchases which aren't in the best interest of the child, they may hire an attorney, or talk to local social services. It is essential to bear the fact that child support cannot be enforced until the child reaches the age of 18. Even after that, the court may only modify the amount when the financial situation of the parent has substantially changed.