Things to use in court

[mysunshine333]

state is NY



Can Counciling reports be used in court to prove mental and emotional abuse from a spouse?

Can refusal of family counciling and/or marriage counciling be used to prove a spouse uncaring and unwiling to communicate to work through issues?

Can the fact that a person won sole custody of children from a first marriage greater their chances of gaining custody from the second mariage, if mother was stated as compident in the custody stipulation of step chldren?

How does one prove to a judge that legal phy. custody by one parent is in the best intret of a child?

Can a father who worked 5 to 6 days a week..... and spent 3-4 days out of town on some jobs be granted joint phy. custody?

What will happen to that child if joint phy custody is ordered and one parent has to go out of town or work on their schedualed visitation days? Can it be ordered in court that the other parent be contacted before leaving the child with a sitter or other relitive or paramore while the parent is at work?
Will I have first choice? meaning if dad has to work or go out of town during his visitation time....I keep my son with me instead of dad putting the child with a relitive, sitter or new girlfriend? (for the record I would have no problem following the same rule )

 

[snostar]

1. Maybe.
2. You'll need more than that.
3. Don't quite get this question.
4. Yes.
5. If a Right of First Refusal is ordered to outline these specifications, then yes.

 

[mysunshine333]

1. Maybe.
2. You'll need more than that.
3. Don't quite get this question.
4. Yes.
5. If a Right of First Refusal is ordered to outline these specifications, then yes.

3. Don't quite get this question

To clairify here. My husband is tring to trash my charicter as a mother now that I have desided to leave him. This is to the point where he is now stating to others that I am unstable.
In his stipulation of sole custody of his children (of his first marriage) It was stated that I am responsibable and compident to care for his two children of his first marriage as well as my own two. This is even following my diagnosis with depression. Now hubby is trying to say I am unfit or unstable to care for my own son (our son together).

 

[mysunshine333]

What is the name of your state? NY

How can a spouse ask for joint legal or joint phy custody when he is unwilling to even try and fix family or marriage issues through counciling.

Communication is important in a joint custody order isn't it? How is that going to be possible when the person requesting joint legal and/or phy. wasn't willing to address these issues while in the home living as a family?

How would this be best for the child?

 

[snostar]

In his stipulation of sole custody of his children (of his first marriage) It was stated that I am responsibable and compident to care for his two children of his first marriage as well as my own two. This is even following my diagnosis with depression. Now hubby is trying to say I am unfit or unstable to care for my own son (our son together).

That was then this is now. He can state anything he wants in his stipulation. If you don't have an attorney GET ONE!

 

[snostar]

What is the name of your state? NY

How can a spouse ask for joint legal or joint phy custody when he is unwilling to even try and fix family or marriage issues through counciling.

He can ask for the moon, it doesn't mean he is going to get it.

Communication is important in a joint custody order isn't it?

Yes.

How is that going to be possible when the person requesting joint legal and/or phy. wasn't willing to address these issues while in the home living as a family?
How would this be best for the child?

That is for the court to decide.

 

[snostar]

Keep in mind different judges use different criteria for custody determinations. Here is an example of the factors taken into consideration in my NY case:

The decision was based on 12 Factors constituting the “best interest” definition in the Michigan Statute (Compiled Laws, Section 722.23). In the courts opinion it constitutes the most comprehensive legal definition available, analyzing parental adequacy in terms of capacity, motivation, ability and efficaciousness planning.. The 12 Factors are:
(1) moral character and prudence of the parents;
(2) physical, emotional, mental, religious and social needs of the child;
(3) capability and desire of each parent to meet the child's emotional, educational, and other needs;
(4) preference of the child, if the child is of sufficient age and maturity;
(5) the love and affection and other emotional ties existing between the child and each parent;
(6) the length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity;
(7) the desire and ability of each parent to allow an open and loving frequent relationship between the child and other parent;
(8) the child's adjustment to his/her home, school, and community;
(9) the mental and physical health of all parties;
(10) permanence of the family unit of the proposed custodial home;
(11) any evidence of domestic violence;
(12) an other factors.