There’s no denying that domestic violence plays a pivotal role in the ruling for child custody cases in NY aside from the massive effects it already has on the many aspects of a person’s life. It is imperative to know that any case linked to domestic violence or any instances related to it should be reported immediately. Seeking legal assistance or seeking help from an organization is two of the first options you have if you happen to be in the same case. Taking the initiative to report the case, especially when kids are involved, will help you get the protection and assistance you need.
When Domestic Violence Strikes
In this article, we’ll take a quick look at how these child custody cases are handled when the case is associated with domestic violence. But first, let’s do a quick recap on where you should seek help when any form of domestic violence transpires. You can immediately get in touch with the New York State Domestic Violence Hotlines. You can also check information indicated on New York State Coalition Against Domestic Violence. It is paramount to know that whether you have a plan to become one of the many existing child custody cases in NY or not, you have resources and places to go to for information and help.
How does a NY Judge Decide the Custody
Seeking a legal remedy on the custody arrangements for your children becomes extremely important if you and your partner cannot decide or agree on your own. Child custody cases in NY begin when a written request or a petition has been filed. The filing of the petition is tantamount to authorizing a judge to make the ultimate decision. A judge will ultimately make a decision based on the best interest of the child.
As compared to other states, the State of New York does not possess any specific factors of criteria that a court needs to consider in determining a child’s best interest. In handling child custody cases in NY, a judge has considered circumstances, relevant facts, and other information pertinent to each case. In some cases, a judge may consider factors such as the child’s personal wishes, the child’s health as well as the parents’, and the ability of each parent to provide for the child and to care for him or for her. In other cases, judges would also look into the child’s relationship with his or her siblings, parents, step-parents, and other members of the family. There are also times when a judge also checks the ability of the parent to encourage the child to improve his or her relationship with the other parent. In child custody cases in NY, all of this matter.
More importantly, the allegations of domestic violence will also play a crucial part. By statute, it is the duty of the court to thoroughly check and look into the impact of domestic violence on a child’s best interest. Expect that the judge will check any domestic cases or instances that may have been reported.
Most people recognize that it is imperative for a New York court to investigate and review all occurrence of domestic violence before finalizing any decision regarding custody of a child. The complex nature of domestic violence only further challenges the New York Family Court system.
In the State of New York, a household is defined as a relationship which refers to people related by marriage or blood, the parents and their biological and non-biological children, and former or current spouses. Note that even people who are not blood-related may also be considered family or in an intimate relationship if they have resided together (whether in the past or at present). In addition, even when current or former couples are not married or whether they are same-sex relationship, they are still considered in an intimate relation under the Domestic Violence law in the State of New York. Therefore, any party from these relationships may file a petition for child custody in New York.
When determining custody cases in NY, the Court may also consider any action that may constitute violent behavior as demonstrated by any of the involved parties. Domestic violence actions may refer to the following: sexual abuse, economic abuse (for instance economic abandonment or taking full control of the entire household finances), physical abuse ( whether minor or severe), psychological abuse (which may come in the form of intimidation, threats, stalking), and emotional abuse. In these cases, it is highly recommended for victims to immediately file a criminal case against the abusive member of the household.
Orders of Protection and the Child Custody Cases in NY
A party may file a petition seeking an order of protection or the Court may issue a temporary order of protection if the Court believes that to be necessary. Depending on the Court’s finding a temporary Order of protection can be extended or after a final determination, the order can be made permanent. Such a thing consequently impacts the child custody cases in NY because an Order of protection governs accessible of people and places.. Such order puts a limit on the abuser’s capacity to contact the other party or the children involved.
If you or someone that you know is involved in a Family Court matter and there are allegations of criminal conduct call Cambareri & Brenneck and let us explain the process and what your options may be.