If you are filing for divorce and have children, you may be wondering how custody will be determined, what your rights will be, and what happens if there is a dispute between you and your ex.
When New York parents get divorced, the well-being of the children is typically a considerable concern for everyone involved. Child custody decisions are often made based on what living conditions would be best for the children. However, even after such decisions have been made, children may express discomfort over the arrangements. If there is a valid concern, a parent may wish to consider seeking a custody modification.
New York parents who are have child custody disputes may be swayed by the results of a recent study in Sweden. The study, which was published on April 27, put to the test the notion that kids are stressed by having to move back and forth between their divorced parents' homes. The study found that kids in joint custody situations that require moving back and forth have less stress issues than kids who live full time with a single parent after a divorce.
Non-custodial New York parents who may be moving some distance away from their children might want to consider the possibility of virtual visitation. With virtual visitation, parents can fulfill their visitation agreement by using technology to communicate with their child. This might include Skype, instant messaging, or an exchange over email or social media. New York is one of several states in which courts have agreed to virtual visitation in some custody cases.
Parents in New York may benefit from learning more about the factors family courts consider when evaluating what course of action is in the best interest of the child in a custody proceeding. The child's happiness and safety are typically of the highest priority when a judge is considering what options are best. Family courts may also evaluate the caregiver or parent's living circumstances and the adult's capacity to be a parent.
Of all of the difficult aspects of any divorce in New York, the need to decide any matter of child custody generally ranks among the hardest. Court systems throughout the state tend to follow certain guidelines when making rulings on child custody.
When parents separate, the primary issue on their minds is often the custody of their children, wondering who will they live with and how often will they see their other parent. Suddenly, these parents have to share their child's time and this can be difficult to come to terms with. In New York law, the aim is to ensure that any custody or visitation agreements/arrangements are in the best interests of the child.
Families are often affectionately described as dysfunctional, even in the best of times. When disputes arise it can be difficult for all concerned, as family ties often mean that couples may still come into contact from time to time after they separate or divorce. When a couple is no longer a “couple,” and children are involved, it is likely that the parents still want the best for the children. The tough part comes in determining how much involvement each parent should have in a child’s life when full custody is no longer an option for both parents.
Divorce disputes can sometimes be drawn out and difficult for those concerned, especially when children are involved. When these disagreements reach the courts, the primary aim of a judge is to find a solution with the best interests of the children in mind. One custody battle in New York has resulted in a mother being removed as her children's primary caregiver.
As many divorced parents will say, communication, clear expectations and planning are the keys to a happy holiday season. Unfortunately, though, giving the kids a warm and positive experience is sometimes more easily said than done. Parental conflicts can get in the way, especially if the child custody arrangement is a bit ambiguous, or if the parents aren't yet accustomed to the visitation schedule.