Family Law Lawyer, Buffalo, NY

Custody

02/25/10 @ 09:01:07 am by admin

What is the burden of proof in custody case?

The party seeking custody must show that it is in the "best interest of the child" for them to have custody.

What factors does the court consider in determining the best interest of the child?

1) Domestic violence is a significant factor;
2) Who is the primary caretaker of the child;
3) Who is the more fit parent;
4) What is the nurturing ability of the parents;
5) Who has better judgment;
6) The desirability of keeping siblings together;
7) The wishes of the child; if of sufficient age;
8) The parents' lifestyles;
9) The parents' religion;
10) Whether a parent will encourage or discourage visitation;
11) Continuity of a stable environment;
12) The age of the child;
13) Substance abuse or chemical addiction of a parent;
14) The quality of each parents' home environment;
15) The parental guidance each parent provides for the child;
16) The ability of each parent to provide for the child's emotional and intellectual development;
17) The financial status and ability of each parent to provide for the child;
18) The relative fitness of the respective parents including their mental condition;
19) The length of time the present custody arrangement has been in effect;
20) A parents' sexual behavior; character or lifestyle (only if it directly affects the child).

Does either parent have a priority in awarding custody under the law?

Priority in custody disputes is usually given to the parent who was first awarded custody by the court or to the parent who first obtained custody by voluntary agreement, however, the non-custodial parent may be awarded custody if they are able to prove a change in circumstances that warrants a change in custody.

How much does it cost to file custody case?

Costs:
Filing Fee: Free (if filed in Family Court)

Attorney Fee:
Range $750.00 - $2500.00 - (cost is based on a settlement short of trial and the range depends on the circumstances).

If additional work is needed for discovery, trial preparation, and/or trial, additional attorneys fees will be due at an hourly rate (Range $150.00 - $200.00 per hour).

Need a Family Law Lawyer?

If you need a Family Law Lawyer please call (716)-656-7676 for a free phone counsultation or HERE for a free web consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.