New York Child Custody and Visitation Questionnaire

State:
Multi-State
Control #:
US-Q1006
Format:
Word; 
Rich Text
Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a child custody and visitation matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorney’s case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new client’s needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire
  • Preview Child Custody and Visitation Questionnaire

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FAQ

Courts will consider which parent can provide financially for the child. For instance, if one parent is unable to afford housing, then this may have a negative impact on giving custody to that parent; Conditions in the home environment. Courts do not want to place a child in a dangerous or unhealthy household.

Abuse or neglect of the child. Mental illness of the parent. Domestic violence by the parent against the other parent. Any other behavior of the parent that negatively affects the child.

But in general, the court will consider these main factors: the child's age, gender, mental and physical health of the parents, ties between the parent and the child, the child's preference, and ability of the parent to provide the child with shelter, food, clothing, education, financial support, and medical care.

Best Interests of the Child In all custody proceedings in New York, the main concern for the court in awarding custody is the ?best interest of the child.? The ?best interest of the child? test means that the courts are required to balance the ability of each parent to meet the needs of the child or children.

Courts want the child to have a strong relationship with each parent if the parents are not together. However, if visitation would harm the child, the court can deny child visitation rights. For example, if a parent is abusive or neglectful towards the child or is abusing drugs, visitation rights may be denied.

"Best interests" determinations are generally made by considering a number of factors related to the child's circumstances and the parent or caregiver's circumstances and capacity to parent, with the child's ultimate safety and well-being the paramount concern.

Whether a child likes it or not, for the most part, compliance with court orders isn't optional. Minor children involved in a divorce in New York will be required to comply with the visitation orders of the courts, though children may resist at first.

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New York Child Custody and Visitation Questionnaire