New York Family Court Case Study

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What Do New York Family Courts Consider in Child Custody Decisions?

Dividing time with your children is notably the most painful part of a divorce. In New York, the best interests of the children take priority in any child custody determination. When making this determination, New York family courts examine a number of factors before ordering a child custody arrangement. The following are a few of the most significant considerations.

New York family courts will examine each parent’s ability to care for the children. In making such a determination, the courts will study each parent’s age and health to ensure that they will be able to take care of the children. The family courts will also review each parent’s earning ability and education level …show more content…
Family court judges have refused to award custody to a parent who has made efforts to damage the relationship of the children with the other parent. A parent must demonstrate willingness to promote the relationship of the children with the other parent.

What Your New York Divorce Attorney Needs to Know

Hiring a New York divorce attorney is a wise decision if your marriage has broken down. Your divorce attorney will make sure that your rights are protected and that, should your case settle, you receive a fair and equitable result according to New York law.

Your relationship with your divorce attorney is essentially a partnership. Your divorce attorney will handle the legal proceedings of the case, but you will need to be sure that your attorney has all of the right information and documentation. Your attorney cannot read you mind, so as you discuss the history of your marriage and the reasons for its decline, make sure to give your attorney the full …show more content…
Many clients do not want to cause extra drama in their divorce, but advocating your case is essential.

What Does a New York Divorce Mediator Do?

Divorce mediation is a more efficient, less expensive method used to settle disputes. During mediation, a neutral, called the mediator, helps the parties create their own settlement. Mediation usually takes place in an attorney’s office or at a mediation center—a welcome change from a family court courtroom. New York divorce mediators will work with each party to ensure that their concerns are addressed. If mediation is successful, the divorce mediator will memorialize the agreement in a document, which will then be submitted to the New York family courts to become part of a court order.

During mediation, the mediator often meets with the parties separately. Each party is free to be open and candid with the mediator about the case. The mediator will take each party’s concerns and wants into account, and will then address these with the other party. After hearing each party’s position, the mediator will begin suggesting ways that the parties may compromise and finalize their
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