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Child Custody Case in Pesent-Day New York City
I’ve tried various search terms about the process of filing for custody and what happens during a custody battle, but most of what I’ve found is very vague, sort of general explanations of different parts of the process, and I need something pretty specific.
Background: present-day New York City. Parents are mid-late twenties, unmarried, with a ( ... )
Background: present-day New York City. Parents are mid-late twenties, unmarried, with a ( ... )
Comments (9)
lady_whitehaven
Who would the child stay with during this time, and when/how would that be evaluated?
Things tend to remain status quo, barring exceptional circumstances. If mom has reason to believe (and can convince the court) that dad is endangering the child or depriving her of the child, she may be able to get the court to change this.
How would the judge make their final decision?
First, the judge (or hearing officer--check your jurisdiction) is going to get both lawyers to sit down and try to hammer out a compromise. If this doesn't work, there is a custody hearing, after which the judge renders a decision.
How exactly does the process of presenting witnesses work? Is it like a criminal trial, where one lawyer interviews the witness and the other can object and cross-examine? Are there opening and closing statements? how much would the skill of the lawyer (say, a good but not outstanding law firm/lawyer vs one ( ... )
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lady_whitehaven
If the mother had a history of drug use, when would this be brought up? Is it realistic for the father to make the accusation, or would an investigation find it? If a witness to the drug use didn’t want to testify, could they be subpoenaed? How badly would it count against the mother if the drugs had interfered with her ability to care for the child? How much would it help her if she'd recently been to rehab?
YES! Dad's attorney will raise this. To prove it, they will ask for (and usually receive) a urine test. They'll look for old police records, records of trips to rehab, any paper trail. The problem with subpoenaing a witness is that someone who doesn't want to be there may very well lie. A paper trail is much more reliable. As far as the rehab goes, make the argument. Mom will say she cares about the kid enough to go to rehab, dad will say she's still a junkie and has fallen off the wagon before.
Finally, is it realistic for the father to be awarded sole custody? What do you mean by ( ... )
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blackat_t7t
If you don't mind, could you elaborate a bit more on what the actual process of presenting evidence/witnesses would be, assuming the lawyers are both working hard at the case? Basically, is dad's lawyer going to have mom on the stand and be grilling her under oath about her drug history like something you'd see on Law & Order, or would it work differently in family court?
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lady_whitehaven
The answer is yes and no. The moving party goes first and presents their case, then the responding party. There isn't a jury, and generally few witnesses--it would not be unusual for mom and dad to be the only witnesses. While dad's lawyer will cross-examine mom, don't expect him to elicit a Perry Mason-like confession. Witnesses can and do lie. It would be plausible for the lawyer to impeach her:
Lawyer: Have you ever used [drug of choice]?
Mom: No.
Lawyer (to judge): May I approach?
Judge: yes
Lawyer (hands paper to opposing counsel, judge, and witness.): Do you recognize this?
Mom: Yes, it's [proof]
Be careful of what you see on tv. Frequently it isn't close to accurate. This is because most trials are boring.
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mackenziesmomma
How long would the whole process take?
It can be as long or as short as you want it to be. I filed for custody over a year ago now (started the process in November of 2010) and I *still* don't have a judgement. If they have a mediation law that can affect the case. Also if one party is ignoring the other party's summons and such until they have to. And check to see if they are both required to have lawyers. I know here we aren't which has been a pain (I have one, the ex doesn't and he's turned this into a giant cluster****).
how much would the skill of the lawyer (say, a good but not outstanding law firm/lawyer vs one of the best in the business) affect the outcome?It can affect it greatly. If you have a lawyer who's area of 'specialty' isn't family law then that can greatly affect it. Say you have a lawyer on retainer who's primary focus is Accident Litigation or something but they also do family law (but don't focus ( ... )
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mackenziesmomma
I did some digging and found some sources that might also help you:
State of New York's Parenting Plan form (custody agreement that outlines who has child when for how long, etc): http://www.courts.state.ny.us/forms/matrimonial/Parenting-Plan-Form.pdf
Child Custody New York (lawyer's site discussing custody, visitation, child support, mediation and the like): http://www.nysdivorcelawyer.net/custody.htm
Another lawyer's site (with links to the actual state regulations on the process): http://www.jdbar.com/Articles/child-custody.html
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blackat_t7t
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mackenziesmomma
My case will (now) be over soon enough since we're calling bluffs and taking names ;)
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