Will a judge give 50-50 custody when forensic and law guardian disagree?

Asked 5 months ago - White Plains, NY

Law Guardian is pushing for 50-50 custody which I do not want; will the judge follow her recommendation? The forensic evaluation recommends I get sole custody. Mother is voluntarily unemployed so she will be more "available" until she gets a job. She intends on living off of child support. and not working.

Attorney answers (3)

  1. Joseph S Hubicki

    Pro

    Contributor Level 14

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    Lawyers agree

    Answered . The judge is not obligated to follow the recommendations of the law guardian. You should consult with an attorney and explain the entire situation to get a better read on how the judge may decide.

  2. David Ivan Bliven

    Pro

    Contributor Level 20

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    1

    Answered . While many Law Guardians push for joint or shared custody, they do so from the standpoint that a trial is likely to antagonize the parties against each other & also possibly cause the child to have to come to court (for an interview by the Judge). However, if the forensics are on your side & you truly want primary custody, then that's what you should generally stick to. That said, before you make any decision about whether to proceed to trial, at the least you should schedule a consultation with an experienced White Plains Child Custody attorney.

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  3. David Zaslavsky

    Contributor Level 19

    1

    Lawyer agrees

    Answered . The law guardian is an advocate, not a resource for the court to rely on when making decisions. They represent what the child wants. And the child usually wants to spend the same amount of time with each parent, so that is what the law guardians ask for. However, that is not always what is in the best interest of the child, which is what the court needs to determine.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more

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