Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

What to expect at a child custody hearing

One of the duties of parents in New York is to make decisions regarding their children's well-being. When the children are younger, this includes making decisions about what they are going to eat and wear each day. While some of these types of daily decisions will change as the children get older, there are certain decisions that parents must make no matter how old the children are at the time.

These include major decisions such as decisions about where the child will go to school, which doctors they will see and what medical treatment they will receive, what religion they will be raised in and other major decisions. Parents need to make these decisions whether they are together, divorced or separated, but it can become much more difficult if the parents are no longer together. This is especially true if the parents do not agree on the decisions.

In these types of situations, there is a child custody order in place to state which parent will make the decisions for the child. However, before an order is issued, there must be a child custody hearing. At these hearings, judges will make a decision on child custody. They base their decisions on testimony from both parents, any caseworkers or Guardian ad Litems and, in certain situations, the judges will also speak with the children directly. However, this generally occurs between just the judges and children, without the parents present.

There are many parents in New York who are no longer with the other parent and may have trouble reaching agreements on major decisions for the children. These parents may need to go through a child custody hearing and have a judge make a decision for them. After the hearing, the judge will decide what is in the best interest of the child and which parent will have custody.

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