How To Win Your Child Custody Claim
Learn how to win your child custody claim in this article we have put together. Contact our Saratoga child custody lawyer for a consultation.
Requesting a New Law Guardian
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.
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.
Seeking 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.
Joint Custody vs Sole Custody
- The types of custody that are relevant in every case are Legal Custody and Physical Custody
- Legal custody is decision-making authority for a child, and physical custody is where the child resides
- When you’re talking about Joint versus Sole Custody, you’re talking about Legal Custody
- Under Joint Custody, the parents need to agree upon major issues
- Under Sole Custody, the parent with Custody has authority to decide these matters
Ex is Not Following Custody Orders
- If one spouse doesn’t follow the family court’s order of custody, the other spouse can ask the family court to enforce that order by filing a petition for enforcement.
- Remedy can also be sought through the family court if the order of custody was made through a judgment of divorce, so long as the Supreme Court didn’t retain exclusive jurisdiction.
- In most cases, the Supreme Court does not retain exclusive jurisdiction over custodial matters, so a remedy can be pursued in the family court.
- Success on an enforcement petition requires a valid existing order of custody and evidence of failure to obey that order.
- The court has access to many remedies to punish parties who disobey such orders.
Changing Jurisdiction of a Custody Petition
- A custody petition may be filed in any county where either parent or the child resides.
- If the other parent files their petition in an inconvenient county, your attorney can file a motion requesting the court to designate that county an inconvenient forum and, if the motion is granted, move the proceedings.
- The court will consider where the parties reside, how long they’ve resided there, where the child resides, and where most witnesses can be found. Oftentimes, the court will evaluate specific circumstances to determine the best place for the matter to be heard.
- If a family court proceeding is initiated in a distant county, consult an experienced family and matrimonial attorney to present the facts in the most compelling manner.
Are you or a loved one going through the divorce process, have children, and are now seeking legal advice? After reading how to win your child custody claim, contact our Saratoga Child Custody Attorney to schedule your legal consultation and case evaluation.
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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