Are you or a loved one looking for child custody help? Check out these 4 child custody tips for guidance, then call our Rochester attorneys.
- Unless the parents agree to allow access, their only alternative is to apply to the court for grandparent visitation and the outcome will depend on the facts of each case.
- A grandparent who has not seen their grandchild in a number of years will be viewed differently from one who formerly enjoyed a close relationship.
- Courts generally prefer to encourage established relationships.
My Ex Won’t Let Me See the Children
- If one parent refuses to allow the other to visit with the child, that parent must immediately make application to the court.
- It is important that this is done as soon as possible because, if the situation is permitted to continue, it becomes difficult to make a valid argument.
- Once that application to the court is made, the judge will examine the relevant factors, listen to the other person’s response, and hear their reason for refusal.
- If a pattern of access to the child had been established, the aggrieved parent can submit an enforcement petition requesting the court to enforce their access rights as they formerly existed.
How Judges Determine Custody
- Questions about custody require an understanding of the difference between legal custody and residential custody.
- Legal custody governs the way important decisions in the children’s lives are made, while residential custody covers where the children will live.
- In making these decisions, the court’s overriding consideration is the child’s best interest.
- If the parties can’t agree, the court will ensure what’s best for each child regarding legal and residential custody based on all relevant factors.
How Courts Decide on Visitation
- In visitation matters, the court will consider many factors, using the child’s best interest as its guiding principle.
- If the parties are unable to agree on what’s best for their child, the court must do so.
- Questions such as, “Who is the better parent to have legal custody? Where is it best for that child to live? How much access is appropriate for each parent?” are factored in.
- In rendering its decision, a court will focus on what’s best for the child, not what’s most convenient for the parents.
Are you looking for legal assistance on your child custody claim? After reading these 4 child custody tips, contact dedicated Rochester Child Custody Lawyers for a legal consultation and to get started on your case.
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