Divorce Lawyer

Many will argue that, when a marriage falls apart, the ones most affected are the children. They certainly are the innocent victims when their parents decide to split up. When the split is less than amicable, lots of blame is involved, and many children feel personally responsible for the breakdown of their parents’ relationship.

Child custody laws determine who will have legal custody of a minor child after a relationship breaks down. Custody of a child involves more than just providing a home; it is the legal responsibility and right to determine such things as education, religion, discipline and medical care. You need a child custody attorney to advise you.

When a person has sole custody, they alone have the legal responsibility and physical custody of the child. When there is joint custody, this is shared, usually between the ex-spouses although grandparents or other relatives may also be involved.

The term “best interests of the child” is the basic consideration on which the court will make a ruling in a custody dispute and decision. Divorce is not the only event that requires deliberation by the civil court on child custody. This issue can also involve guardianship, paternity suits or juvenile delinquency. The presumption is usually that the child’s best interests are served by granting custody to a parent, but this is not always the case.

Prior to the 1970s, the presumption was that the mother was the best person to have custody of the child because of her nurturing role. Since that time, the courts have looked at each case on an individual basis to find a custodial decision that best meets each child’s emotional, psychological and physical needs. Your civil lawyer will help you plead your case.

Resolution of child custody has changed in recent years. In some states there are specialized courts to rule on this important issue and to settle custody disputes. A civil attorney may be appointed as a ‘guardian ad litem’ to act as an advocate on behalf of the child or as a neutral party to gather pertinent facts about the custody case, helping the judge make the custody ruling.

Even in the most bitter of divorces, the two parties are often united in their desire to find the best solution for their child. Many couples have a child custody plan as part of their separation agreement, which many judges will accept, after they have determined that the child’s best interests will be served.

Two methods that are often used by child custody courts are mediation, to enable the best resolution of the dispute, and parent education courses which teach strategies to help both the child and the parent cope with the stresses of life after divorce. Child custody lawyers are often used as court-appointed mediators.

Joint custody has become the preferred custody arrangement in many states, because it reflects the changes in today’s society, with women working outside the home and men are taking more responsibility for managing the home and rearing the children. There are numerous types of joint custody rulings that differ from the conventional custodial/visitation model. Many of these types of joint custody involve both parents retaining legal rights for making decisions involving the child’s welfare and future. The rights and needs of the child are taken into account as well as the role of third party custodians such as grandparents. If you need a New York child custody lawyer, go to CivilLawyersFirm.com.