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Court Considers Special Needs of Infant in Custody Battle


The New York child custody laws are designed to ensure that the rights of the children are protected as related to visitation and custody. In general, a parent is not restricted from visitation with their children as long as they have not harmed the children or have been found to be an unfit parent based on some other action or neglect on their part. Even in most cases of child neglect, the court will typically encourage visitation between the children and the parents so that a positive relationship can be fostered between them.

When a divorce decree determines which parent that a child will reside with most of the time, they take into account many different factors. Among these factors, are how old the child is and the relationship that the child has with each parent. Historically, a very young child has been determined to be better off with its mother. However, in some cases, where the mother has been determined to be unfit, even a very young baby may be given over to the custody of its father to receive better care. The court makes these determinations based upon what is best for the child and not necessarily what is best for the parents. A New York Family Lawyer said the court places the needs of the child paramount to the needs of the parent. In one case, a father was granted full custody of a very small baby in the course of a divorce decree. The mother appealed the custody appointment because she was a fit mother and there was no legal reason to prevent her from being with her baby.

The courts reviewed the case and discovered that she was correct. It is not clear what the circumstances were that caused the initial trial court to find that the infant would be better off with her father, but the Supreme Court determined that the original trial court was in error. There was no evidence presented that demonstrated that the mother was unfit to handle the role of parenthood. Further, it is usually important to keep a mother and very young infant together for the welfare of the infant. An NYC Family Lawyer said the original trial court was from a foreign court and the Supreme Court who overturned the verdict determined that they had erred in their judgment of the situation. A child of tender years needs to be with its mother.

In light of the overall circumstances that were relative to this decision, the court ordered that the infant be returned to its mother and that the father could have visitation rights to the child. These views may be changing in our society. Now that infants are bottle fed more often than breast fed, it is not uncommon for a father of a child to take a more active role in the care of very small babies. A Nassau County Family Lawyer said one factor to consider is if the child is being breast fed. It is commonly believed that breast feeding an infant is better for the infant’s development than bottle feeding one. As long as the mother is capable of breast feeding a child, it is not in the child’s best interest to be removed from her so that the infant can be bottle fed by its father.

It is becoming more common for mothers to breast feed their children longer. Some mothers breast feed into the child’s third year of life or even later. The question of weaning a child of tender years from its mother in order to give custody of the infant to its father is one that the courts would rather not make. It is much more reasonable for parents to work together to make the best decisions possible for the health and welfare of their infant children.

At Stephen Bilkis & Associates with its child custody Lawyers there are convenient offices throughout New York State and Metropolitan area. Our civil Attorneys can provide you with advice to guide you through difficult situations. Hiring a divorce attorney can prevent you from losing precious time with your family.

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