Does the Erie County Family Court Prefer Joint Custody?
When people ask me questions about what’s going to happen to the children through the divorce, they’re often very concerned about who’s going to have custody. Are we going to have joint custody or are we going to have sole custody? When we’re talking about custody in your divorce in New York State, we’re talking about who has the rights to make major decisions for the children. Generally, those decisions are the education decisions for the children, medical, and then also religious decisions. The Erie County Family Court tends to take the position of what is in the best interest of the children. This is the standard “slogan” the court uses to determine who should have custody, for both parties to maintain a relationship with the children at the end of the divorce.
The court is generally looking to preserve the children’s right to have a continued relationship with both parents and for both parents to have the right to make decisions for the children together. The times when that may or may not be appropriate tend to depend upon whether or not the parties can communicate. If there’s a lot of conflict between the parties, it may be determined by the court that it’s in the best interest of the children for one party over the other to have sole custody. That also may be determined if one party has a mental health issue or a substance abuse issue which prevents them from participating with the other parent in being a joint custodian.
Are you having difficulties with a child custody situation and attending the Erie County Family Court? Let one of our skilled Child Custody Lawyers in Buffalo guide you through the matter.