Custody Trial

A custody trial can be one of the most stressful events for a parent to endure. There is the concern, of course, of the outcome, coupled with the effect of the trial and outcome on the children, complicated of course by the mounting costs of the litigation. During the process, both parties begin a campaign of mudslinging and life under a microscope can be stressful and exhausting for all involved.

During the court action, various applications are made for temporary custody and parenting time. The process begins when one party files a petition with the Family Court for custody or parenting time.

custody-battle

Then the other party can cross file creating a situation where the Family Court Judge has to decide the outcome. This will be done after a hearing or trial where the Judge will hear evidence from witnesses, and view documents all of which will determine the fitness of the parent seeking custody, or time with the child.

Often there is the appointment of an Attorney for the Child, previously known as a Law Guardian. This is a court appointed attorney who will represent the children’s interests in the custody or visitation proceeding. The Attorney for the Child will meet with the children and, depending on the age of the child or children will represent the child’s desires in the outcome of the proceeding advocating for the position of the child in which parent he or she wishes to reside with. Know more about smithtown NY Family lawyer at : http://lfinelaw.com/

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