Whether they are part of a divorce, a dispute between parents who never married, or involve third parties who are not parents, custody battles can be stressful. They have a negative impact not only on the adults but also on the children involved. While these fights are sometimes necessary, if you find yourself in this position, you want a Rochester child custody lawyer who will fight for your rights and keep the well-being of your children at the forefront.
You can zealously fight for your rights as a parent while still keeping your child’s best interests at heart. Our family attorneys can help you find the right balance and keep a logical perspective during this challenging time.
When people discuss child custody, they are often talking about possession. However, custody can refer to physical possession or legal control over the child. Physical custody, which refers to the possession of or access to the children, determines how much time each party gets to spend with the child. Legal custody, on the other hand, is about making important decisions about the child, such as where they go to school, what type of medical treatment they receive, and even critical financial decisions. A child custody attorney in Rochester can help fight for both types of custody.
It is common for parents to think of what they want when thinking about child custody. They may miss their children when they are away from them, so they want more time with them. Sometimes, a parent may worry about the other parent’s judgment or believe they are controlling, so they want greater legal custody rights. Some parents even ignore the children’s needs entirely and use child custody disputes as a way to continue fights with their partners.
However, the court frowns upon any position that does not prioritize the child’s well-being. In fact, state courts use the child’s best interest as the standard, meaning that this is their primary priority. In addition to the child’s physical needs, the court will consider other needs.
To make custody decisions, the court looks at several factors. These include:
The court will factor in the parent’s preferences regarding custody decisions, but it is not controlling. However, the state recognizes that it is beneficial for children to spend time with both parents and detrimental to limit their time with a healthy parent.
The court will also focus on whether a parent will be a good co-parent. Parents who are more likely to foster a relationship with the other parent—unless domestic violence or other safety issues prevent them from doing so—are presumptively better for children than those who will try to alienate the child from the other parent.
Even good parents may be unable to agree on custody. A Rochester child custody attorney can prepare you for an expert evaluation by a custody and parenting time evaluator. This professional examines you and your children to determine the best placement scenario for them. They may also interact with other people in your children’s lives, including family members, teachers, daycare providers, and more.
If disputes remain after the court has finalized a parenting time order, then the court may appoint a Parenting Time Expeditor (PTE) to help resolve disputes. The PTE cannot alter court orders, but they can resolve disputes about what the order means. Not every family needs the court to order a PTE, but if there is a history of being unable to cooperate or the parties have a flexible custody arrangement, a PTE can help them avoid disputes.
Child custody disputes can be especially contentious legal battles. In a best-case scenario, parents can agree on what is best for their children and come to an amicable agreement about custody.
Sometimes, two parents have very different ideas about what is best for their child. More often, however, at least one of the parents is focused more on their needs than the child’s.
If you are in a child custody dispute, a Rochester child custody lawyer from Kohlmeyer Hagen, Law Office, Chtd. can help. Schedule a consultation to learn more.
