Are you going through the divorce process and have questions about child custody? Read these 5 child custody tips, then call us today.
1. Emergency Child Support
The custody process can often take several months to ultimately resolve, but if there is an emergency or an issue that needs to be addressed by the court immediately, one party can file an order to show cause, which is an expedited motion process to get the case in front of a judge sooner.
To file an order to show cause, the parent would need to file the document together with her or his affidavit or statement. The court would then consider the parent’s papers and may grant relief ex parte (without the presence of the other party), immediately pending an initial court appearance. Alternatively, in some situations, a judge may see the parent ex parte before the next court appearance and may grant the parent some limited, temporary relief. If there is no emergency, the parent should instead consult an attorney immediately, as attorneys are familiar with the process and may have means to get the matter in front of the court as soon as possible.
2. Bringing Up a False CPS Report at Trial
As an Albany Child Custody Attorney I have been asked about bringing up a false CPS report at a child custody trial. I advise clients that you can bring it up, but if they find a false report you can not bring up records or evidence at trial. I advise clients as an Albany Child Custody Attorney that you can let the court know about the investigation and what you saw, but you will not be able to bring the caseworker in to testify for you.
3. Obtaining Custody of Your Niece or Nephew
Generally, a parent’s right to custody of the children is superior to all others. However, a non-parent can seek custody of a child. They must first demonstrate extraordinary circumstances. Extraordinary circumstances include things like surrender, abandonment, neglect, unfitness. Once you’ve established that extraordinary circumstances exist, the the court will determine whether or not it’s in the best interest of the child or children to be in your care.
If you have children and are considering a separation or divorce, one of the most important decisions you will have is how your children will be raised and cared for. This is difficult in an intact marriage; when parents are going through the emotional trauma of marital dissolution, this issue can become explosive. Jean M. Mahserjian, Esq., P.C. understands the complexity of the legal and human issues attached to child custody. We can help you obtain a complete custody arrangement that meets the individual needs of your children and addresses the unique circumstances of your family.
Family law courts decide matters based on their perception of “the best interest of the child(ren).” Since stability is generally in the children’s interest, especially during a time of upheaval like a divorce, the court prefers to maintain the status quo. This can mean identifying a parent who has been the primary caregiver and favoring that person in custody matters, just as the primary bread-winner would take primary responsibility for child support.
4. Requesting a New Law Guardian to be Appointed
As a Saratoga Child Custody Attorney I often get asked about requesting a new law guardian to be assigned. I let clients know that it can be very difficult because the court assigned the specific guardian. Clients come to me as a Saratoga Child Custody Attorney that the law guardian is biased with one parent or the other. I remind them that the law guardian is required to have the best interest of the child, and can be involved in future case proceedings.
5. Grandparent’s Rights
As an Albany Family Law Attorney I often am asked about grandparent’s rights in New York State. You can petition the family court for the right to have visitation with your grandchild because the grandparent/child relationship is considered a significant aspect to the development of a child. I advise clients as an Albany Family Law Attorney that the court will take a two step process to analyze visitation rights, and the best interest of the children.
Are you or a loved one going through the divorce process and have questions about child custody? Check out these 5 child custody tips, then call our Saratoga Child Custody Attorney to get started on your case.
Jean M. Mahserjian, Esq., is a New York family law and divorce attorney in Albany, Saratoga, and the surrounding areas. For more than 20 years, Jean has maintained her capital region law firm, located on Route 9 in Clifton Park, New York. The practice encompasses all areas of family and matrimonial law, and an online uncontested divorce service.
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