If you do not feel comfortable with the abuser being alone with your child, you may be considering asking the judge to order that your child be supervised. If you are already in court because the offender has applied for access or custody, you may not have much to lose by requesting that the visits be supervised if you can provide a valid reason for your request (although this may depend on your situation). Once completed, the examiner issues a written report, usually with a recommendation for custody. If the case ends in a trial, the recommendation of the forensic expert will carry a lot of weight. Often, the position of the law enforcement officer also depends on forensics. Forensic experts are witnesses and will testify and be cross-examined. Visits (also known as “parental leave” in New York City) refer to the amount of time non-custodial parents spend with their children. This means that even if the child lives with one of the parents, the child can still spend time with the other parent. A non-custodial or custodial parent is generally always entitled to access. Note: Although a protection order is in place stating that the offender or parent must stay away from the child, an exception is often made so that the offender or parent can see the child during court visits. (For example, the protection order may be, “Stay away from the child except for court-ordered visits.”) New York`s custody laws are not written into any law. On the contrary, they have evolved over the years thanks to numerous court decisions.

Regardless of how New York sets its custody laws, it`s important to understand that custody cases are conceptually different from most other cases. In most court cases, the events that led to the prosecution have taken place in the past; The facts are frozen, and the court looks back in time to reconstruct these facts. As common sense would require, the courts prefer to give custody to a parent who is more mentally and emotionally stable. The custody order may explicitly allow you to remove your child from the state (for example. B for a specific vacation), forbid you to take your child out of the state or not solve this problem at all. In some cases, the judge may ask you to post bail (money) or other security that depends on the child`s return to the state. If you are not sure whether it is permissible to temporarily leave the state with your child, please speak to a lawyer who can advise you. Most people are familiar with the term “best interest,” but it continues to resist a firm definition. Custody cases are extremely factual, and each case is decided on its own merits.

However, some definitions are consistent on a case-by-case basis, as well as factors that courts will consider when determining an initial custody decision. New York State law requires the judge to consider the effects of domestic violence when making a custody decision. Domestic violence does not need to involve the child to be a factor. If you can prove in court that the other parent committed domestic violence against you, the child or another member of the family or household, the judge must consider the impact of that domestic violence on the best interests of the child. The judge should not entrust a child to the custody of a parent who presents a “significant risk of harm” to that child. In addition, the judge must explain precisely how domestic violence was incorporated into his or her custody or visitation decision.1 However, since domestic violence is only one factor considered by the judge, it is possible that an abusive parent may also receive access or custody. If a parent committed murder or sexual assault: If a parent committed murder 1. or 2. If a parent, legal guardian, legal guardian, sibling, half-brother or half-sister or brother-in-law of a child who is the subject of the custody case has been convicted, that parent cannot receive custody or access.

If a parent has been convicted of 1st or 2nd degree rape, 1st degree sexual conduct against a child, predatory sexual assault or predatory sexual assault against a child, the judge must presume that it is not in the best interests of the child for that parent to have custody or access, but the parent may attempt to prove: that the judge change his mind. (Note: Exceptions may be made if the child or guardian agrees to visitation or custody or if the person convicted of murder can prove that he or she was a victim of domestic violence and killed the thug, etc.) 2 If you are unable to agree on a custody agreement, the court will hold a hearing on a custody application or in a divorce action for the purpose of making a custody decision, and the court will make the custody decision for the parties. Joint physical custody (also known as shared physical custody) means that parents usually share custody of the child 50/50 or fairly equally. If a parent has more than 50% of the custody period with the child, it is determined that that parent has primary custody of the child, which gives that parent some decision-making power in the absence of an agreement, as well as certain tax credits without an agreement. When you receive a custody decision, you may have the right to make decisions about your child (custody) and the right to support your child with you (physical custody). But even if you can`t get custody, some parents (grandparents and siblings) may be able to get visits. To get an access as a grandparent, you must prove the following: Before a custody trial begins, you need to know very well what the other party will charge in support of their custody application or against your custody claim. You also need to know exactly how to behave during a trial so that the judge doesn`t have a “bad taste” in your mouth that could influence the judge`s decision.

For example, if a family lived in Connecticut for a year, then a parent moved to New York with the children and enlisted in New York after living there for only four months, Connecticut is still the home state. New York would likely have no jurisdiction (power) over child custody. Biological and legal parents can apply for custody of the child. However, any other person having an essential relationship with the child may also apply for custody. This includes grandparents, siblings and other family members. If custody is decided between a parent and a person who is not a parent, a judge will consider whether there are exceptional circumstances to grant custody to the non-parent. Note that there are also situations where family members such as grandparents and siblings may request a visit. WomensLaw.org strongly recommend that you get help from an organization in your area before starting legal proceedings.

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