When a court examines the issue of parenting time, as attorneys in buffalo new york know, the decision will be based on the “child’s best interest”. A common refrain among lawyers in buffalo ny is the so called “best interests of the child” standard could include an almost infinite amount of factors. Generally, however, the court will consider the following factors:
(1) Quality of home environment and parental guidance;
(2) Financial status and ability of each parent to provide for child
(3) Ability of each parent to provide for child’s development
(4) Demonstrated parenting ability and fitness of the parties
(5) Love, affection, and nurturing given by each party to the child
(6) Emotional bond between the child and each party
(7) Willingness/ability to put child’s needs ahead of his/her own
(8) Willingness/ability to facilitate/encourage optimum relationship between the child and the other party
(9) Individual needs of the child and/or desires/preferences of child; AND
(10) Any other factors deemed relevant to a particular custody dispute; e.g., domestic violence and its impact on the child.
So, as the tenth factor indicates, and as many frustrated attorneys in buffalo new york have experienced, the court can base its decision on any one or combination of the first nine factors, or the court may ignore all of those factors and instead simply consider “any other factors” the court feels is “relevant” to the “dispute”. Again, “discretion” is the key word here and the presiding judge has a significant amount of it.
That being said, Criminal lawyers in buffalo ny should know that parenting time is considered a joint right of the parent and child. Furthermore, as criminal attorneys in buffalo ny know, there is no standard schedule. Clearly, every family is unique and each child is unique. For this reason, it is absolutely vital for the criminal lawyer in buffalo ny to design a parenting schedule based on each particular case.
Criminal defense lawyers in buffalo new york should also consider case law relating to interference by one parent with the other parent’s contact. According to case law in New York, which criminal lawyers in buffalo ny should keep in mind, a concerted effort by one parent to interfere with the other parent’s contact with the child is so inimical to the best interests of the child … as to, per se, raise a strong probability that [the interfering parent] is unfit to act as custodial parent”. Werner v. Kenney, 142 A.D.3d 1351 (4th Dept. 2016) citing Marino v. Marino, 90 A.D.3d 1694 (4th Dept. 2011) see also Cramer v. Cramer, 2016 WL 5857529 (4th Dept. 2016).
You should seek the expertise of a Criminal Defense Lawyer in Buffalo New York who can assist you if you find yourself charged with an offense. Contact a Criminal attorney in buffalo in new york, Criminal Lawyer Lackawanna NY, or a Criminal Defense Lawyer in Buffalo New York today.