Custody and Forensics
When custody is at issue, the parents put their physical and mental health before the Court. The main goal of the Court in a custody matter is to determine what is in the best interest of the child or children.
It is common for one parent to refer to the other parent as “crazy” or “unstable” and even go so far to accuse them of being unfit to parent the children alone. Very often, that parent is lying or exaggerating the truth in order to gain the upper hand in a custody battle.
However, sometimes that parent is not lying or exaggerating and that may be shown through their actions. The Courts will observe a person’s actions throughout a custody dispute and if they notice a pattern of alienation by one parent against the other, they may order a forensic to evaluate the parties and their children.
Forensics is the application of science principles and methods to support decision making in criminal and civil lawsuits. The job of the forensic evaluator is to provide a neutral-based report to determine the children’s best interest in the terms of custody and visitation.
Domestic Relations Law 240 allows the court to appoint a forensic evaluator to evaluate and investigate the parties and a child (or children) involved in a custody dispute. The forensic evaluator must be either a psychologist, social worker, or psychiatrist who is licensed in the State of New York and received a certification for completing a court training program.
The forensic evaluator will look to such factors as, which parent will be better able to foster a relationship between the children and the other parent, which parent will understand the emotional and physical needs of the children at the various stages of development, and which parent can provide the children with amore stable environment and household.
Our office has the experience and knowledge to navigate a litigant through a complicated custody dispute.
If you are in a contested custody dispute or if you’re considering a divorce, or already in the middle of one, you should seek out an experienced matrimonial attorney to guide you through the process and protect the best interests of yourself and your children. The matrimonial and family law attorneys at the Marnell Law Group have the knowledge and experience in custody matters and will fight hard on your behalf. Give us a call at (516)-542-9000 or send us a message on our contact page, and we’ll work with you to get you everything you deserve.
