Uncontested divorce New York means that both the husband and a wife agree to all the terms and conditions of a divorce without fighting over any of the small stuff or even the big stuff like custody of the children. An uncontested divorce usually only happens to couples who are younger with no children or older and their children have all grown up; however some of the older will fight over personal property accumulated during the years of marriage such as the family home, a lake house or boat, an RV, retirement packages or other big-ticket items.
A family lawyer in New York City would be able to help couples who are seeking a divorce from one another in which there is a battle for the custody of their children. Custody battles are difficult on everyone, especially the children because many times, as psychologists and psychiatrists point out, the children feel trapped or caught in the middle which is exactly where they are. When going through a custody battle, children need to be reassured that a divorce between their parents was not their fault and any disagreements their parents have is between the grown-ups and that both parents still love their children very much. Many times this is easier said than done.
According to an NY divorce attorney, a couple could preempt a judge’s ruling by seeking the help of a child custody mediator in which the mediator would help them work out an cordial custody arrangement that allows for the children to have liberal visitation with both the custodial and the noncustodial parent. The court could still order joint custody in which the children would spend half their time with the mother and half their time with the father if they feel it is in the best interest of the kids.
If parents cannot agree on custody, a judge may order a separate attorney assigned to the child who is often referred to as a guardian in liem or an independent child’s attorney. The lawyer for the child or children will interview all parties involved and make their decision based on the best interest of the child or children, not the parents.
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