One of the most common misconceptions about child custody is that the court will always favor giving custody to the mother over the father. While at one time that was the case, modern courts have changed their way of thinking and are embracing the positive impact a father’s role has on their child’s life.

The evolution of father’s rights in New York New York

In a perfect world, child custody arrangements would be simple and straightforward. However, there are some instances in which one parent may feel that their child is in danger while under the supervision of the other parent. Perhaps no such situation poses more danger to a child than parental drug addiction. This article explores the role of parental drug testing in child custody cases and the impact drug use has on parental custody rights.

The Uniform Child Custody Jurisdiction and Enforcement Act, also known as UCCJEA, was enacted in 1997 to establish which state has jurisdiction over child custody when more than one state is involved in the dispute. The Act gives the child’s home state jurisdiction over custody: the “home state” is defined as the state the child resided in for at least six months prior to the filing of the action. If the child has lived outside the home state for the six months prior to filing, the other state is given priority. If the child is less than six months old, the home state is whichever state the child has lived in since birth.

As awareness and understanding of transgendered people and related issues grows, courts are being forced to examine how the “best interest of the child,” the standard used in all custody cases, is applied in cases where the parents disagree about raising their child as a transgendered individual. From hormone replacement therapy to name changes to transformative surgeries, transgendered children are fighting to establish their right to make changes to their identity without both parents’ consent.

Factors that may be considered:

Forensic examinations can be an extremely useful tool employed by the courts to offer the judge a clearer picture of both parent-child relationships, the child’s home life, and other factors that are considered when establishing a custody arrangement.

What are forensics in child custody cases?