Your child custody arrangement can have a significant impact on your child’s life. Ideally, both parents share custody of their child. Joint custody is typically most beneficial fo
Your child custody arrangement can have a significant impact on your child’s life. Ideally, both parents share custody of their child. Joint custody is typically most beneficial for the child where two parents are able to work together and raise the child even though their relationship is over. However, this is unrealistic, impractical and even dangerous in some cases where one parent is unfit or unable to share custody.
New York understands the importance of a child having a relationship with both parents; therefore, courts do not take decisions regarding unfit parents lightly. Nonetheless, if a parent is truly unfit, it is often in the child’s best interests to limit that parent’s rights and access to the child.
For custody matters involving unfit parents, a New York child custody attorney can assist.
Generally, a parent is unfit or incapable of being an equal joint custodial parent when they cannot provide the love, care, and support their child needs. Some common reasons that a parent might be found unfit include:
If you wish to prove a parent is unfit to get custody, you will need to provide the court with substantial evidence, including any of the following:
In many cases, the judge will order a child custody evaluation by a mental health professional when these types of serious issues are presented. During a child custody evaluation, the evaluator will conduct a thorough investigation to give recommendations for child custody arrangements. The child custody evaluator will:
At the conclusion of their investigation, the child custody evaluator will issue a report detailing the information they gathered and their recommendations to the court if appropriate.
Most parents will receive visitation rights. But the visitation may need to be adjusted or limited based on what is appropriate under the circumstances.
In some cases, an unfit parent will have supervised visitation, especially at the initial stages of a custody case. When a parent has supervised visitation, they are not allowed to interact with their child alone. Supervised visitation can occur under the supervision of a relative or social worker at an agreed-upon location, such as a relative’s home, a park, or a visitation center. Sometimes visitation is contingent on drug or alcohol testing or treatment.
It is unlikely that a parent demonstrating serious mental health, drug/alcohol issues, domestic violence histories or severe alienation will obtain full custody. They will still have rights to seek visitation with the child and be involved in the child’s life, but their access must be curtailed to protect the safety and welfare of the child.
Child custody matters are serious and affect your child’s life and well-being. A New York child custody lawyer can help you seek a suitable custody arrangement.
Aiello & DiFalco is solely dedicated to family law matters, proudly serving Garden City, NY, and the surrounding area. We strive to provide top-quality legal services, tailoring our approach to every individual case. Our attorneys have the skills, resources, and experience to help our clients pursue the best possible outcome.
Contact us today to schedule a consultation with one of our child custody attorneys.
Attorney Advertising. This article is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Laws and court practices vary and are subject to change. Please consult with a qualified New York family law attorney regarding your specific circumstances.
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