Child custody cases can turn into heated battles between parents who are looking to carry out vendettas against one another through a divorce. While child custody is often at the heart of a divorce, it is not always for the right reasons.
When a couple is disputing with whom their child should live, there are important points that the court will take into consideration. Going into a child custody case, parents should know that the court will consider each parent’s maturity level and overall stability, which is not just defined as financial, but emotional and mental as well. The court will also examine how involved each parent is in their children’s lives.
One of the most important factors the court will consider is the parents’ ability to work together. Simply because a couple divorce does not mean they will suddenly be on friendly terms. Any joint custody is not going to reduce any bad blood that exists between parents. If a couple is prone to conflict during a marriage, it is likely to remain the same between them after the marriage is dissolved.
In the state of New York, there is joint custody and sole custody. One parent does not need to be deemed unfit in order for the court to rule in favor of sole custody. The court will rule based on the best interests of the children.
If there is an established form of co-parenting, it is likely to make the entire process a much easier one. Unfortunately, children are not always the primary focus in custody battles between divorcing couples. But the court will be able to make that identification.
In many cases of divorce, there is a good deal of animosity between the couple. If that animosity carries over by a parent into a custody battle, it could work against that parent. Using a child as leverage to bully the other divorcing party is not putting the child’s best interests first. That demonstration is surely to have an unfavorable ruling for the parent guilty of those charges.
If you find yourself facing a battle for child custody in Garden City, Long Island, Nassau County or any other surrounding communities, contact Breiter and Gura Attorneys at Law. We can provide you with a child custody lawyer that will make sure the best interests of your children are protected.