The Upstate New York Divorce Law Blog
In making a determination of a modification of custody a court must consider the quality of the interaction between the parent and the child or children. This means that primary among the circumstances to be considered in determining the best interests of the child are the parents’ ability to provide for the child's emotional and [Read More]
Anyone who has a brother or sister can tell you how important the sibling relationship is and what a significant role our siblings play in our childhood development. As common sense would dictate, the law strongly favors the development and encouragement of sibling bonds. In custody modification proceedings, courts will not separate siblings unless [Read More]
As I wrote back in Part 4 of this series, a best interests analysis generally involves the examination of several factors. These include the relative fitness, stability, past performance, and home environment of the parents, as well as their ability to guide and nurture the child and foster a relationship with the other parent. After [Read More]
In making any determination of custody, a court should look at the respective work schedules of the parties. The respective work schedules of the parties can form a basis for a determination of residential custody as well as the basis for the final parenting schedule. In this analysis, the court also should look at a [Read More]
Excessive absences from school while a child is in the care of a parent can reflect poorly on a parent’s ability to guide and nurture the child and provide for the child’s education and emotional growth. A court must look at the reasons for the absences from school and their impact on the child. For [Read More]
In determining custody, a court should consider if a parent has exhibited poor parental judgment. Poor parental judgment can take on a variety of forms but generally it consists of a parent placing his or her own interests over those of the child. This can include degrading the other parent in front of the child [Read More]
Among the factors that a court will consider in determining a modification of custody is false or unsubstantiated allegations made against one parent by the other parent. When a parent is found to have made false allegations against the other parent this misconduct may justify awarding custody to the falsely accused parent. For example, in [Read More]
Particularly relevant to a best interests analysis when modifying a custody order is each parent's past performance and their willingness to foster a healthy relationship between the child and the other parent. For example, in one recent case, the court awarded custody to the parent whom it found to be a “consistently positive parent” who [Read More]
Upon finding a change of circumstances a judge is required to determine what custodial arrangement would promote the best interests of the child. This may or may not require a change of custody or a change to the parenting schedule. The primary focus of a custody determination is ascertaining what is in the best interests [Read More]
We continue our discussion of the modification of a custody order by examining the weigh a judge will place on the existing custody order. An existing custody arrangement is but one factor to be considered by a court when considering a modification of a custody order. A custody order that is the product of a [Read More]