Major Child Custody Conundrums a Lawyer Can Help You With
Anyone who’s gone through a divorce (or any divorce lawyer) will tell you that managing child custody is one of the hardest parts of the process. In fact, the issues that come up with child custody can continue for years.
The key to resolving them as quickly as possible is to hire a family law attorney that has years of experience and knows their way around the matter like the back of their hand. Let’s take a look at some scenarios they can be useful in.
False or Inaccurate CPS Reports
If CPS reports are being used as evidence against denying you custody of your child which are inaccurate or falsified, a lawyer can help you address it. There are many reasons for why CPS may have interacted with a parent without there being cause for concern about neglect or bad parenting.
In that case, your lawyer can help you prepare testimony around the CPS report or get CPS to declare the report unfounded. Once declared unfounded, the caseworker cannot be called to court for testimony and the report cannot be used as evidence in a trial.
Getting Custody of Nieces and Nephews
If you’re in a situation where the child you want to get custody of is your niece, nephew or even your grandchild, a lawyer is your go-to person. Usual circumstances in such cases are usually where the current guardians of the child are abusive or are neglecting their child.
Although New York courts usually prefer keeping a child in their home, a case with extraordinary circumstances could go in your favour. Abandonment, unfitness to parent, consistent neglect and abuse are all grounds for this. However, a family law attorney can assess your case and tell you how to proceed.
Dealing with a Biased Law Guardian
In the state of New York, a law guardian for your child is assigned to the case. The law guardian is supposed to put the child’s interests ahead of all other factors and appear in court to present their recommendation for custody.
However, law guardians are human and can be biased. If you have witnessed misconduct and bias towards the other party in the custody case from a law guardian and can prove it, a family law services attorney can help you make the case for changing the guardian. However, this is often difficult to do.
Traveling and Passport Troubles
When divorced parents or guardians share custody, traveling can become a bit of a sore spot, especially for relocation. Even sole custody doesn’t allow you to relocate from the state you’re in with your child. A lawyer can help file a petition or mediate between you and the other guardian and their lawyer to come to an agreement on this.
However, if the issue at hand is a simple trip but the other guardian is refusing to co-operate with passport procedures the situation is different. You can get your lawyer to ask for a waiver of parental rights on this issue so the problem goes away.
In all these cases, our family law services Brooklyn, family law services Queen and divorce attorney in Brooklyn and Divorce attorney Queens can help you out. Contact us today for help from a licensed and experienced family attorney in New York.
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