While it is important for children to have a relationship with both of their parents, there are circumstances, such as dangerous or abusive behavior, when it is not in the best interest of a child to see a parent. In these instances, a parent can be legally prevented from having contact with a child. However, it is not a simple task and should not be taken lightly. Continue reading “Legally Preventing A Parent From Communicating With Their Child”
This is where matters relating to family law and child custody decisions are decided.
A recent New York child custody case involved the custodial rights of three parents. The child custody case involved a married couple, Dawn and Michael, who had a relationship with their neighbor, Audria. Audria and Michael had a child together. Michael and Dawn separated, and Dawn and Audria moved in together. When the child was born, the three parents worked together to raise the child.
The New York Times reports that the first case to test New York State’s new definition of parent is underway. On August 30, 2016 the New York Court of Appeals issued a monumental decision regarding the definition of “parent” in relation to visitation and custody determinations. The case of Brooke S.B. v. Elizabeth A. C.C., held that after a party proves “by clear and convincing evidence” that both parties had come to an agreement to conceive and raise a child together, then they will be deemed a “parent” in relation to seeking custody and visitation. Prior to the ruling, New York law held that only an adoptive or biological parent had the ability to seek custody or visitation.