It's Time for a Joint Custody Presumption

New York State is a 'best interest' custody state that gives the courts a wide latitude to choose a parenting custody plan that is in the best interest of the children and family. DRL ' 240 specifically states: 'The court shall ' enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interest of the child.' The standard is well ensconced in cased law as well. How does this concept mesh with the Court of Appeals' decision in <i>Braiman v. Braiman</i>, which stated that courts should not impose joint custody arrangements on parents who are 'severely antagonistic and embattled' and who are unable to put aside their differences for the benefit of the children?

15 minute read February 28, 2007 at 09:27 AM

By

Carol W. Most