Proper jurisdiction for a custody case would be the state where the child resides. So in this case the legal issues should be addressed in New York. Further, since both dad and mom have the legal rights to the child, the mother
does not have automatic custodial rights to custody. The mother should file for a custody order.
The law typically favors awarding joint custody as it is believed that the child's best interest would be served. However, if one parent is considered unfit to care for the well-being of the child or will prevent the other parent from seeing their child, the court awards the cooperating parenting with custody. This is decided by the court on a case-by-case basis.
Having a history of anger management is persuasive to the court. Below are other factors which New York considered in rendering a custody decision:
A judge will make a decision about custody based on what s/he thinks is in your child’s best interest. The judge will look at any factor that s/he thinks is important to make this decision. Some of the things a judge will probably look at include:
- Who has been the child’s primary caretaker
- The quality of each parent’s home environment
- How “fit” the judge thinks each parent is
- Which parent the child is living with now and how long that arrangement has been in place
- Each parent’s ability to provide emotional and intellectual support for your child
- What arrangement would be most likely to let your child see both parents regularly
- Both parents’ financial status
- Which parent your child wants to live with, if s/he is old enough to make an informed decision
- Whether your child would be separated from any siblings
- Whether either parent plans to move away
- Whether either parent has been abusive
You can read more about the custody issue here.
Further child support
is independent of child custody. So the mother can petition the court for child support to begin regardless of the custody proceedings. One problem is that proper jurisdiction for support issues is the state were the father resides, but double check with the New York child support enforcement agency to see if it can be filed in New York as mom and the child are resident's there.
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