LONG ISLAND CHILD CUSTODY LAWYER

No child custody order is set absolutely after it is created, and all can be subject to modification. Courts will typically only approve of modification if one or both spouses experience a significant life change, or one spouse continues to violate the agreements outlined in the order. If you want to spend time with your children and maintain your rights, you must be conscious of your agreements and New York’s custody laws at all times.

Whenever you encounter a situation where you are not sure about your rights and limitations as a divorced parent – such as planning an out-of-state vacation with your children – you should always seek clarification from the court or your attorney. You can also speak directly to your ex-spouse if you want to make temporary modifications to the agreement. It is still advised you work with a child custody lawyer in Long Island or get any impromptu agreements notarized, just in case your ex-spouse forgets or attempts to get you in trouble.

Understanding Third-Party Custody Rights

New York does not limit child custody rights to just the biological or legal parents of a child. In some situations, close relatives or even family friends might have the right to seek custody of a child after the parents’ divorce.

People who may attempt to win third-party custody rights include:

• Grandparents
• Aunts, uncles, and adult siblings
• Stepparents or domestic partners of a child’s parent
• Caretakers with extensive experience living with the child

As with any other legal process, the court will only assign third-party custody if it is to be in the best interest of the child. If both legal parents do not seem to be a “good fit” for the child, or if both have passed away, a judge might be inclined to consider third-party custody.

How to Prove a Parent Unfit

A judge would closely evaluate each parent's ability to care for the children and fulfill their needs during any custody battle. If you feel the other parent is a threat to the children or is unqualified to have custody, you must be able to justify this to the judge if you expect the court to strip away the parent's custody rights.

Analyze the parent's behavior: It is not in the best interests of the child to be in the care of a parent who regularly places the child in risky circumstances or is reckless in any way. Consider and record any violent acts, emotional violence, or apparent drug dependence.

Identify the child's surroundings: While the parent's actions may not be a concern, the circumstances in which the child is put may be. It's an apparent concern if, for example, the infant is not adequately monitored, is not supplied with basic needs, or is exposed to unsafe environments or safety hazards. Consider if the parent has any potentially dangerous associates, such as gang members or convicts.

Record evidence: Once you've witnessed the parent's actions and the child's atmosphere and concluded the child is in danger, you'll need to gather evidence to back up the arguments. This may include media archives that track injury or neglect, the child's medical history, the parent's criminal history, email, voicemail, or text messages with the parent. Prepare to present this testimony to the judge.