Parents often struggle to make decisions when it comes to child custody arrangements. As a result, custody is often left in the hands of a judge. When it comes to a custody hearing, certain behaviors can impact the arrangement. Read on to learn more about some of the biggest custody mistakes to avoid.
How is Custody Determined?
When making a decision about custody, a judge is working to do what is in the child’s best interests. He or she may examine the following factors:
- The parents’ ability to communicate, cooperate and agree regarding matters of the child
- The parent’s willingness to accept custody and any unwillingness to allow parenting time
- The relationship of the child with their parents and siblings
- Any history of domestic violence
- The safety of the child and the safety of one parent from another
- The preference of the child when of sufficient age
- The child’s needs
- The stability of the home environment
- The quality and continuity of the child’s education
- The fitness of both parents
- The geographical proximity of the parents’ homes
- The parents’ employment responsibilities
Mistakes to avoid
There are some important mistakes to avoid during a custody hearing:
- Badmouthing your co-parent
- It can be tempting to rant about a frustrating custody situation, but it is important that you refrain. This is because it can be harmful to your child and it can be seen as a refusal to co-parent.
- Ignoring court orders
- Ignoring court-ordered pick-up and drop-off times can not only look bad but can result in legal trouble.
- Posting on social media
- Your social media accounts may be used against you in court. As a result, posting about your custody matters or speaking poorly of your child’s other parent online can be harmful to your case. Additionally, it is important to refrain from posting anything inappropriate or incriminating.
Why do Parents Lose Custody?
It is not often that parents lose custody. This is because, for the most part, New York courts believe that a child benefits from having a relationship with both parents. But, a parent may lose custody as a result of:
- Substance abuse
- Refusal to co-parent
- Failure to follow court orders
If you have any questions or concerns about child custody arrangements in New York, contact our firm today.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.