New York Family Law Blog
Whenever a couple faces a divorce, they must also face custody decisions that involve the children of the marriage. A New York Family Lawyer said the love that a parent has for their child is the greatest love that exists on this planet. To require that the time that they spend with that child be split with another person is heart wrenching. This is especially true if the child is very small. It is not natural for a parent to spend time away from their child. Emotions run high and people who at one time loved one another enough to create a child, become mortal enemies in the quest to have all of the time that they can get with that child. Child custody disputes change people forever.
The court system of New York recognizes this problem. They strive to ensure that the welfare and security of the child is the most important consideration. The court appoints an attorney for the child or children that serves as a buffer for the children and the court. This attorney listens to the child and addresses his or her concerns during the custody hearing. It is the objective of the court to ensure that the children are considered. If the parent that the child is spending most of the time with is not given primary custody, it can have devastating effects on the psyche of the child. Toward this goal, the court strives to create an environment where the child’s life and lifestyle is altered as little as possible by the decision of their parents to obtain a divorce.
The court system also strives to ensure that the child is encouraged to maintain a nurturing relationship with the non-custodial parent as well. A New York Custody Lawyer studies in recent years have demonstrated that children who are not allowed to foster a nurturing relationship with both parents whether divorced or not, do not have the benefits that are afforded to other children. When one parent is so bitter toward the other parent that they wage war on them through the children, the courts of New York will step in to remove custody from that parent. In the courts of New York, the custodial parent is entrusted with the difficult task of acting like an adult when it comes to handling the relationships of the child and the other parent. It is a sorry affair when a parent attempts to turn the child against the other parent in a divorce. A divorce is an action that is taken by the parents usually based only on the relationship that the parents have with each other.
It is only in rare situations involving child abuse, neglect, or molestation that the court will remove a parents parental rights toward a child. Even when the parent has demonstrated horrible judgment, the courts will endeavor to work with that parent to reunite the parent with the children. A Nassau County Family Lawyer said too many studies have shown that children need to have that relationship in order to mature into healthy adults. If the courts are concerned that the parent is so neglectful or dangerous to the child that their visitation must be supervised, then they will provide supervision for the visitation rather than refuse that parent visitation at all. Balancing the priorities of the benefits of the child against the benefits of the adults can have outcomes that are unexpected.
If during the course of time, the court determines that the custodial parent is not performing their duty to assist the children in developing a healthy relationship with the non-custodial parent, the court may remove primary custody from that person. If a parent does not wish to lose custody of their child, they must be willing to show the court that they are intent on helping the children continue their relationship with the non-custodial parent. A Queens Family Lawyer said they must be willing to work with the courts in establishing a workable visitation schedule and not make visitation too difficult for the other parent.
At Stephen Bilkis & Associates with its child custody lawyers there are convenient offices throughout New York State and Metropolitan area. Our divorce attorneys can provide you with advice to guide you through difficult situations. Hiring a visitation Lawyer can prevent you from losing precious time with your family.