In New York, the courts believe that as long as both parents are safe and competent the child should have both of their parents in their lives, which is why joint custody is typically the verdict. However, child custody cases can get a bit tricky to navigate due to the need to consider things like the emotional and mental well-being of the child. Any parent who is navigating a family law case should hire a child custody lawyer for assistance. A judge typically saves giving sole custody to one parent for extreme or dangerous situations such as abuse. Here are a few cases when full child custody rights may be granted to one parent by the courts.
Deliberate alienation -
If one parent has been withholding their child from seeing their other parent, then the courts are more likely to rule in favor of the parent who wasn’t able to see their child often. Deliberate alienation accusations are never a good look for a parent to have during a child custody hearing, especially if there is any evidence that it has been happening for a long time. A great way to ensure you have proper evidence in this situation is to hire a child custody lawyer before your court date.
Violence - Any history of violence from a mother or father will result in some serious consequences during a child custody hearing. Violence is usually an immediate disqualification for a parent to have any joint custody rights because the courts will be looking out for the safety of the child and the ex-spouse, girlfriend, or boyfriend. Hiring a child custody lawyer will help you build a solid case with evidence that your partner has been violent in the past.
Substance abuse -
Substance abuse disqualifies a parent from receiving child custody rights because granting them access to their child puts the child at high risk of being exposed to dangerous substances and situations. A parent that has been getting help or has been clean may get visitation, but typically nothing more than that with their child.
Instability due to mental health -
Being unstable due to mental health is an illness and the courts treat it as such. Most parents who struggle with severe mental health issues cannot provide proper care for their children, so the courts may choose to grant full child custody rights to the parent who doesn’t struggle with mental health issues.
Lack of involvement -
If one parent has shown little to no interest in their child’s life, chances are the courts will have no problem granting the opposing parent full child custody rights. This could be one parent not helping with pick-ups and drop-offs, not showing up to their child’s events, or moving far away from their child. It’s important to have a child custody lawyer by your side to help you gather the evidence needed to show a lack of involvement to the judge in court.
Financial stability - It’s important that any parent receiving full or partial child custody rights has the financial stability to provide for their child. Unfortunately, if one parent can’t provide for their child, they may only get visitation rights with their child.
Contact Maureen A. McCready with any questions you have about child custody rights or to schedule an initial consultation.
