1. CUSTODY Children’s Law Center New York Clinic Seminar

2. Custody What does it mean? Why is it important?

3. Custody Physical Custody Legal Custody Medical Educational Religious Decisions impacting well being Types of Custody –Sole Custody –Joint Custody –No joint custody when history of DV

4. Standing Custody (until 18 yo) Blood relation Marriage Personal contact with child Guardianship (until 21 yo) Same as custody, however, guardianship will not be granted to person with a felony conviction or history of neglect or abuse Blood relation Marriage Personal contact with child Visitation (until 18 yo) Parent Sibling Grandparent

5. Burden of Proof in Custody Cases Burden is always on the Petitioner 1.Parent v. Parent Best interest of the child 2.Non- Parent v. Parent Two Prongs: 1.Extraordinary circumstances 2.Best interest of the child 3.Non-Parent v. Non-Parent Best interest of the child

6. Evidence in Custody Cases 1. All relevant evidence can be produced up until the time that court renders a decision. 1. Dirty Laundry 2. Recommendation of Mental Health Professional 3. Therapists, teachers 4. Financial status 5. In camera of child 6. Position of Attorney for Child

7. Best Interest Factors –Long-term stability Material needs Educational welfare Emotional stability Which parent is most likely to encourage relationship with non- custodial parent Medical welfare –Siblings –Use of corporal punishment –Domestic violence DRL§240(1) Must be considered BUT no presumption in favor of Non- abusive parent AFC’s Position

8. –Medical welfare –Siblings –Use of corporal punishment –Domestic violence DRL§240(1) Must be considered BUT no presumption in favor of Non- abusive parent AFC’s Position

9. Non-Parent v. Parent Extraordinary Circumstances BENNETT v. JEFFRIES Pre-Bennett: Focus on parental fitness- Neglect, abuse, abandonment Post- Bennett: Parent can be deprived of custody even if parent is fit - based on a prolonged separation and a child’s attachment to a non-parent

10. Extraordinary Circumstances –Abandonment –Longstanding placement with a non-parent –Death –Negative impact on sibling (step- parent) –DV –Substance abuse –Mental illness –Abuse –Psychological bond to non-parent –Poor relationship with parent –Death of parent

11. Modification petitions Parent v. parent –Substantial change in circumstances Parent v. non-parent - –No prior finding of EC – non-parent must prove existence of EC –Prior EC finding – parent must prove substantial change in circumstances

12. 44 Court Street 11th Floor Brooklyn, NY 11201 TEL 718-522-3333 FAX 718-522-7376 Map Directions MapDirections 820 Concourse Village West, 5th Floor Bronx, NY 10451 TEL 718-741-3400 FAX 718-741-9658 Map Directions MapDirections 118-21 Queens Blvd. Suite 417 Forest Hills, NY 11375 TEL 718-544-3499 FAX 718-544-4450 Map Directions MapDirections 36 Richmond Terrace Suite 304 Staten Island, NY 10301 TEL 718-447-8384 FAX 718-447-3893 Map Directions MapDirections Every child at the center of a court case has a unique voice. And that voice must be heard