Albany Family Law Blog

Organizing your paperwork is crucial to your custody case

Posted by Joanne P. Monagan, Esq. | Apr 05, 2022 | 0 Comments

Separating from your partner can be stressful enough in itself. The divorce process has numerous aspects that must all be settled before the divorce is approved by the courts. 

Property must be divided according to the equitable distribution process relevant to New York. This means dividing debts, business interests, savings accounts, property and much more. 

If you have children, then you will also want to make sure that they have security after divorce. In fact, this will probably be your top priority. If your argument is that the child would benefit most from living with you, then you need to provide reasons why this is the case. Having your paperwork in order is one of the most useful ways to obtain a positive outcome in your custody case. 

Documenting your child's welfare 

While your oral testimony is valuable, the courts generally require evidence to back up your claims. If your position is that the child will obtain a better education by staying in your household, school reports and letters from teachers could back this up. Glowing reports will show that your child is on the right path in terms of their education. Teachers or school psychologists may also be able to give an indication of how a drastic change might negatively impact your child's performance. 

While you have done everything in your power to keep discussions amicable, the welfare of your child ultimately comes first. If your child is living with the other parent and is always injured on your visitation days, this could be a cause for concern. Reports from doctors and medical institutions can give the courts a clearer indication of what is going on. If your child is at physical risk because of abuse or neglect, custody arrangements can be drawn up to reflect this.

As a parent in New York, you have a host of legal rights at your disposal. Getting in touch with these will help you to achieve the most favorable outcome in your custody case.

About the Author

Joanne P. Monagan, Esq.

Managing Attorney


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