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New York Family Law Attorney

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Presence of Confederate flag could impact custody of daughter

On Behalf of | May 12, 2021 | Child Custody And Visitation |

Parents in New York and elsewhere will do what is necessary to put their children first. This often means disregarding his or her own needs to provide the best situation possible for their child. However, during and after a divorce, it can be difficult to maintain this status quo when parents no longer get along. This can strain the co-parenting relationship and even cause the court to question the intentions of each parent and how best to serve the best interests of the children.

Change of circumstances

According to recent reports, an Appellate Court in New York has ordered a mother to remove a rock from her driveway that has a Confederate flag painted on it. The court stated that the failure to remove the rock would result in a change of circumstances and could alter the custody order of the multi-racial daughter.

The court ordered that joint custody would remain; however, if the mother fails to remove the decorated rock that displays a Confederate flag, the court would factor in the presence of the rock when assessing the child’s future best interests.

Best interests of the child

In child custody matters, the best interests of the child can be a major factor. This is especially true in matters where a parent asserts that there has been a change in circumstances. When it comes to the mental and emotional wellbeing of a child, situations where a multi-racial child is in a home with a Confederate flag could be determined detrimental. Thus, the court could step in to alter a custody order to ensure the best interests of the child are met.

Family law matters can be emotional and complex. Each divorce has its baggage; however, this should not seep into the child custody and visitation decisions. Thus, it is important that a parent fully understands what rights and options they have during and after the completion of a divorce, as family law issues could arise at any time. The goal should always be the focus on and meet the best interests of the children.

 

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