NEW YORK. Child custody determinations are often the most emotionally challenging and painful decisions divorcing couples will have to make. While some couples can resolve these questions with the help of a child custody lawyer outside of court with a detailed parenting plan, in some cases, couples need to take their cases before a judge. The Elliot Green Law Offices is a child custody lawyer in New York who understands the complex family dynamics that can be involved in child custody decisions. If you’re facing a child custody battle, it may be wise to seek the counsel of a qualified lawyer.
There are situations where parents have no choice but to take their case to child custody court. If one parent is making false allegations about the other parent, or if one parent is abusive or has been abusive in the past, then it is often in the best interests of the children for a judge to make decisions about custody and visitation. According to Staten Island Live, even in cases where one parent has been abusive, that parent has the right to have a full hearing and inquiry into the facts. A recent court case makes clear that both parties have the right in New York to receive a fair hearing before any final child custody decisions are made. This means that if you are fighting for the custody of your children and have concerns about visitation and custody due to abuse, drug use, or other concerns, it is likely you’ll have to take your case to court.
Taking a child custody case to court can have its benefits. For instance, a judge can review whether claims against one or both parents are credible. Witnesses can be cross-examined. Additionally, a judge can review all evidence to make sure it is admissible in court. Mental health experts can also be consulted to provide an opinion.
Despite these benefits, parents should avoid taking a case to child custody courts when possible, to protect their children and their co-parenting relationship. Additionally, judges may make decisions that are not wanted by both parties, resulting in a no-win situation. Many families simply are not comfortable letting the state make decisions about raising their children. Yet, there are certainly cases where trials are required. According to Divorce Magazine, child custody trials should only be considered if all out of court options have been exhausted with your child custody lawyer.
Every state’s laws are different about presenting and gathering evidence, so it is wise to speak to your child custody lawyer before recording or taping your spouse. That said, it is important to document any abuse or drug use. Making police reports, taking photos of evidence, and keeping your lawyer updated about any developments is important.
Every child custody case is unique. The Elliot Green Law Office offers compassionate and caring counsel to families. While the firm works hard to help parents reach out of court settlements, the firm believes in finding a solution in the best interests of the child. In some cases, this means going to court and letting a judge decide based on the evidence.