FAQ

The first is that the driver defending the charges operated a motor vehicle in New York on the date alleged. The second is that the defendant was intoxicated, or per se intoxicated, while doing so.

The police arrest based on reasonable cause. This means that a suspect is taken into custody, and charged with a crime. The amount of the investigation will vary based on the offense and the circumstances. It is important to note that for certain low-level offenses, an officer may issue a summons in lieu of an arrest.

N.Y. Criminal Procedure Law § 70.10 (2) states that “reasonable cause to believe that a person has committed an offense exists when evidence or information which appears reliable discloses facts or circumstances which are collectively of such weight and persuasiveness as to convince a person of ordinary intelligence, judgement and experience that is reasonably likely that such offense was committed and that such person committed it …” Pursuant to N.Y. Criminal Procedure Law § 140.10 (1), an officer can place the arrestee under arrest for any felony or misdemeanor once they are provided information about the offense which satisfies this level of reasonable cause. However, an arrest for a lower offense, such a violation can only be be made if the offense is committed in the presence of the officer.

When a person is arrested, they will be transported to a police precinct so the arrest can be processed. At this time, the police will obtain the defendant’s name, date of birth, address, and other pedigree information needed for processing (even if obtained earlier). The arrestee may be issued a Desk Appearance Ticket (a “DAT”) if they qualify for this based upon a review of their criminal history once their Record of Arrest Processing (a/k/a the RAP sheet) is obtained. As noted infra N.Y. Criminal Procedure Law § 140.20 (7) states that any adult offender who is arrested without a warrant be given the opportunity to call someone within the United States or Puerto Rico for the purpose of contacting an attorney or family member about their arrest, unless the call would compromise an investigation. Also, practically speaking, an arrestee will not be given the opportunity to make a phone call if this call would jeopardize someone’s safety.

In People ex rel. Maxian ex rel. Roundtree v. Brown, 77 N.Y.2d 422, 568 N.Y.S.2d at 577, 570 N.E.2d 223 (1991), the New York State Court of Appeals interpreted “unnecessary delay” to mean that the defendant must be brought before a judge within twenty-four hours of their arrest.  Each state is allowed to have its own time period and the federal government will adhere to a forty-eight hour time period.  Now does this mean that if an individual does not see a judge within twenty-four hours, they will be released? No—the twenty-four hour rule serves as a presumption—if an individual is brought before a judge within this period, then they are presumed to have been arraigned without unnecessary delay.  However, there are many reasons why an arrestee may not see a judge within the twenty-four hour period which may include: 

• court scheduling or court congestion;
• computer problems which could cause RAP sheets from being obtained;
• delay in transporting prisoners from the precinct to the courthouse;
• the need to process an inordinate number of prisoners which can cause a backlog;
• the need to continue the investigation to obtain evidence prior to an arraignment;
• additional charges which may be filed against the defendant (although if this happens, the twenty-four hour rule would run from each time the defendant is placed under arrest for a new offense, but this cannot be abused);
• an issue caused by or involving the defendant, such as a defendant’s need for medical attention, a refusal to be fingerprinted in a timely fashion or at all.

Yes, it does. The issue of whether the defendant will be released, remanded or if bail will be set will be determined at the arraignment. What will happen is that the prosecution will either ask for a certain amount of bail to be set or be denied bail (be remanded), if permitted by law, or recommend that the defendant be released either on their own recognizance or with non-monetary conditions imposed. Release could be without conditions, or could be pursuant to a supervised release program set up within a jurisdiction.

Note that there is no more cash bail in New York. N.Y. Criminal Procedure Law § 520.30 (1)(a) states that unless the defendant is charged with a crime in which bail is permitted by law (see below where qualifying offenses are listed), the defendant will be released. If the court requires assurances that the defendant will return to court, the defendant will still be released, but with non-monetary conditions. If the court does need to impose such non-monetary conditions, the court will choose the least restrictive conditions that will ensure the defendant’s return to court. N.Y. Criminal Procedure Law § 520.30 (2) permits a local court to set bail or order recognizance or release under non-monetary conditions where the defendant is charged with a felony where bail is permitted to be set, with a few extra rules:

• a city, town or village court cannot set bail or release a defendant if they are charge with a Class a felony or has two felony convictions;
• the prosecutor has either had an opportunity to be heard, has failed to appear at the proceeding, or has waived their right to do so;
• the court and defense have been provided with a RAP sheet unless the prosecutor consents to not require this or there is an emergency.

When a person is released on their own recognizance, this means that “[A] court releases a principal on the principal’s own recognizance when, having acquired control over the principal’s person, it permits the principal to be at liberty during the pendency of the criminal action or proceeding involved upon condition that the principal will appear thereat whenever the principal’s attendance may be required and will at all times render the principal amenable to the orders and processes of the court.” N.Y. Criminal Procedure Law § 500.10 (2).

If the defendant is granted supervised release, they have to regularly check in with the agency that is monitoring them, to assure that they are complying with the terms of their supervised release. Those who are given supervised release may be assigned a social worker or counselor who is supposed to make sure the defendant makes their court appearances, abide by all conditions set by the court, and obtain any necessary services that may assist the defendant. This is usually accomplished by the defendant calling a representative at a given time a certain number of times per week. The monitoring agency will provide the court and the parties with a report about the defendant’s compliance with their supervised release. Note that even if a defendant commits another crime while on supervised release, they may still be eligible for supervised release in regards to their new case.

The court, after hearing from the prosecution and the defense attorney can “fix bail” in cases where bail is permitted by law. See N.Y. Criminal Procedure Law § 530.20 (1)(a). N.Y. Criminal Procedure Law § 500.10 (3) defines fixing bail “when, having acquired control over the person of a principal, it designates a sum of money and stipulates that, if bail in such amount is posted on behalf of the principal and approved, it will permit him to be at liberty during the pendency of the criminal action or proceeding involved.” N.Y. Criminal Procedure Law § 500.10 (3-a) defines “Release under non-monetary conditions” when “having acquired control over a person”, the court “authorizes the person to be at liberty during the pendency of the criminal action or proceeding involved under conditions ordered by the court, which shall be the least restrictive conditions that will reasonably assure the principal’s return to court. Such conditions may include, among other conditions reasonable under the circumstances: that the principal be in contact with a pretrial services agency serving principals in that county; that the principal abide by reasonable, specified restrictions on travel that are reasonably related to an actual risk of flight from the jurisdiction; that the principal refrain from possessing a firearm, destructive device or other dangerous weapon; that, when it is shown pursuant to subdivision four of section 510.45 of this title that no other realistic monetary condition or set of non-monetary conditions will suffice to reasonably assure the person’s return to court, the person be placed in reasonable pretrial supervision with a pretrial services agency serving principals in that county; that, when it is shown pursuant to paragraph (a) of subdivision four of section 510.40 of this title that no other realistic non-monetary condition or set of non-monetary conditions will suffice to reasonably assure the principal’s return to court, the principal’s location be monitored with an approved electronic monitoring device, in accordance with such subdivision four of section 510.40 of this title. A principal shall not be required to pay for any part of the cost of release on non-monetary conditions.” A defendant may also qualify for electronic monitoring pursuant to N.Y. Criminal Procedure Law § 500.10 (21).

A defendant can also be “remanded,” which pretty much means that no amount of bail can get the defendant released. N.Y. Criminal Procedure Law § 500.10 (4) defines a defendant’s commitment “to the custody of the sheriff when, having acquired control over the principal’s person, it orders that he be confined in the custody of the sheriff during the pendency of the criminal action or proceeding involved.”

In New York City, the ‘sheriff’ does not take custody of the defendant. Instead, the New York City Department of Correction will take custody of the defendant. Generally, this means that the defendant will be housed at Rikers Island.

Note that if bail is set for a defendant who is a juvenile or adolescent, or if this person is denied bail, the sheriff (or local correctional agency) will not take custody of this person. Instead, pursuant to N.Y. Criminal Procedure Law § 510.15, such juvenile will “be taken to and lodged in a place certified by the office of children and family services as a juvenile detention facility for the reception of children.” The same rules pursuant to N.Y. Criminal Procedure Law § 180.80 applies and usually by the 180.80 date, the District Attorney will know if they will seek to keep the case or transfer it to the Corporation Counsel to be prosecuted by them,

For what offenses can bail be set or denied?—N.Y. Criminal Procedure Law § 510.10 (1) states that “except where another type of securing order is shown to be required by law, the court shall release the principal pending trial on the principal’s own recognizance, unless it is demonstrated and the court makes an individualized determination that the principal poses a risk of flight to avoid prosecution.” If a defendant is determined to be a flight risk, “the court must select the least restrictive alternative and condition or conditions that will reasonably assure the principal’s return to court. The court shall explain its choice of release, release with conditions, bail or remand on the record or in writing.”

What this means is that the defendant has to be charged with what is classified as a “qualifying offense”, which is defined in N.Y. Criminal Procedure Law §§ 510.10 (4) and 530.20 (1)(b), as

• any violent felony other than burglary of a dwelling (without any aggravating factors) and robbery aided by another person (without any aggravating factors);
• witness intimidation or witness tampering;
• any class A felony other than a drug offense (with the exception of operating as a major trafficker pursuant to section 220.77);
• felony sex offenses, those involving incest, or misdemeanor sex offenses charged pursuant to Penal Law Article 130;
• conspiracy to commit the Class A felony of homicide;
• money laundering in support of terrorism in the first or second degrees, or crime of terrorism;
• criminal contempt in the first and second degrees and aggravated criminal contempt, where the protected party is a family member;
• facilitating a sexual performance by a child with a controlled substance or alcohol, use of a child in a sexual or luring a child.

The short answer is a number of things. The technical answer is that the criteria that are to be considered can be found in N.Y. Criminal Procedure Law § 510.30 (1), which states “[w]ith respect to any principal, the court in all cases, unless otherwise provided by law, must impose the least restrictive kind and degree of control or restriction that is necessary to secure the principal’s return to court when required. In determining that matter, the court must, on the basis of available information, consider and take into account information about the principal that is relevant to the principal’s return to court, including:

(a) The principal’s activities and history;

(b) If the principal is a defendant, the charges facing the principal;

(c) The principal’s criminal conviction record if any;

(d) The principal’s record of previous adjudication as a juvenile delinquent…or a youthful offender, if any;

(e) The principal’s previous record with respect to flight to avoid criminal prosecution;

(f) If monetary bail is authorized, according to the restrictions set forth in this title, the principal’s individual financial circumstances, and, in cases where bail is authorized, the principal’s ability to post bail without posing undue hardship, as well as his or her ability to obtain a secured, unsecured, or partially secured bond;

(g) Where the principal is charged with a crime or crimes against a member or members of the same family or household…the following factors:

  (i) any violation by the principal of an order of protection issued by any court for the protection of a member or members of the same family

or household… whether or not such order of protection is currently in effect; and

  (ii) the principal’s history of use or possession of a firearm; and

(h) If the principal is a defendant, in the case of an application for a securing order pending appeal, the merit or lack of merit of the appeal.

N.Y. Criminal Procedure Law § 510.30 (3) state that “[w]hen bail or recognizance is ordered, the court shall inform the principal, if the principal is a defendant charged with the commission of a felony, that the release is conditional and that the court may revoke the order of release and may be authorized to commit the principal to the custody of the sheriff in accordance with the provisions of subdivision two of section 530.60 of this chapter if the principal commits a subsequent felony while at liberty upon such order. Also, pursuant to N.Y. Criminal Procedure Law § 530.60 (2), if a defendant with a pending case commits another crime, bail can be set if there is clear and convincing evidence that the defendant persistently and willfully failed to appear after notice of scheduled appearances in the case before the court or committed a qualifying offense.

Arguing and setting bail is not an exact science. Instead, it is something that one will get the hang of with time and experience. Every case must be examined on an individual basis and bail should be commensurate with the defendant’s record, charge they are facing, etc.

The purpose of bail is not to provide for punishment of the defendant for their offense or their criminal record. Remember that the defendant is still presumed innocent at this point. The purpose of bail is also not to afford preventative detention to prevent the defendant from committing other crimes. In other words, the risk of danger to the community is not a factor to be considered in regards to bail. Instead, the purpose of bail is to ensure the defendant’s return to court. Note that the Eighth Amendment of the United States Constitution mandates that a defendant has the right not to have unreasonable bail set. Although this provides for reasonable bail, this does not mean that the defendant has the right to have bail set in the first place.

The defendant can post bail or someone can do it for them. Someone other than the defendant who posts bail is known as a ‘surety’. A bail bond is “a written undertaking, executed by one or more obligors, that the principal designated in such instrument will, while at liberty as a result of an order fixing bail and of the posting of the bail bond in satisfaction thereof, appear in a designated criminal action or proceeding when his attendance is required and otherwise render himself amenable to the orders and processes of the court, and that in the event that he fails to do so the obligor or obligors will pay to the people of the state of New York a specified sum of money, in the amount designated in the order fixing bail.”

Here are the types of bonds defined in N.Y. Criminal Procedure Law § 500.10:

• If the defendant puts up the bail via bond, it is known as an ‘appearance bond’;
• If someone other than the defendant posts the bail via a bond (or helps the defendant post bail), this is known as a ‘surety bond’;
• If someone uses their property to post the bond, it is known as a ‘secured bail bond’;
• If ten percent of the total amount of bail is put up for the bond, it is known as a ‘partially secured bail bond’;
• A bond that is not secured by a deposit or any lien is an ‘unsecured bail bond’;
• If a bail bondsman is used to post the bail via bond, it is known as an ‘insurance company bail bond’.

With ‘insurance company bail bond’, the bondsman should check the defendant’s or the surety’s credit to ensure that they will receive the amount they posted back, as they are putting up their own funds for the defendant.  If after the bail is paid, the bondsman has concerns about the defendant (either a concern based upon the defendant’s potential flight or that the funds will not be returned, they have the right to return the defendant to custody so their funds can be secured.  Believe it or not, this does not require a judge’s order).

If a court orders a ‘bail source hearing’, what this means is that the defendant will be required to provide proof as to the source of the bail. Bail must come from a legitimate source, so an inquiry can be made to demonstrate that it did come from such a source, and not from the proceeds of criminal activity, ill-gotten gains, etc.

At an arraignment, the court has the power to do the following:

• Issue an order of protection commanding the defendant to refrain from certain behavior. An order of protection can be a full order, which is a court order commanding the defendant to refrain from any and all contact with the protected party. An order of protection can be a limited order, which will permit the defendant to have contact with the protected party, but will command the defendant to refrain from any type of violent or threatening behavior towards such party.
  
  The order can be a full order, but subject to incidental contact. For example, if a victim and defendant live near each other or go to the same school, the order may permit the defendant to go about their regular business but not initiate or take part in contact with the protected party.
  
  If there is already an order in existence from another court, such as Family or Supreme Court in a matrimonial context, the criminal court order can be made subject to such order, so any new order from the criminal court does not conflict with special conditions of the order of another court which may pertain to issues that are not to be resolved in criminal court. This could include conditions pertaining to custody and visitation of children in a family context, etc.
  
  An order of protection is to prevent contact by the defendant with another person. It cannot be used to have the defendant refrain from a specific location, but can bar the defendant from the home, school, place of employment, etc. of the victim. The difference is that with the latter, the order is protecting the witness, not a location. Despite this, an order can include animals.
• Order a curfew. This means that the defendant must be home by a specified time. If the defendant is not where they have been ordered to be, they are violating a condition of their bail and the court may reconsider the issue of bail.
• Order that the defendant refrain from a particular location. Although an order of protection cannot be for specific locations, the court may order the defendant, as a condition of bail or release, to refrain from a building, store, or other location. For instance, if the defendant was arrested for shoplifting at Macy’s, the court could order the defendant to stay away from all Macy’s stores within the court’s jurisdiction.
• Suspend the defendant’s driver’s license. This usually occurs in a DWI context, can be for any offense pursuant to Vehicle and Traffic Law § 510. When a person is arraigned for a DWI offense, there are specific statutes that mandate suspension pending prosecution if the defendant had a blood alcohol level .08 or higher, or refused to take such a test. However, sometimes this evidence does not exist at the arraignment. In such a situation, the Court can suspend the defendant’s license on other grounds. Further, if the defendant committed another offense, such as reckless driving or left the scene of a collision, the court can suspend the defendant’s license during the pendency of the case pursuant to Vehicle and Traffic Law § 510.
• Order that the defendant be screened for alcohol or drugs.
• If the defendant is on probation or parole and is released on their own recognizance, the court can order that the defendant report to their probation or parole officer.

If bail has been set or denied, the defendant cannot remain in custody in perpetuity. There is a deep concern that a defendant should not remain in custody on hearsay allegations for longer than a specified period of time. If the allegations cannot be substantiated by an individual with firsthand information (subject to several recognized exceptions) by the end of a certain time period, the defendant must be released. This does not mean that the case is dismissed—it only deals with the defendant’s incarceration status. The time periods and what must occur within these time periods depend on what type of crime the defendant is charged with.

If the crime charged is a misdemeanor, New York Criminal Procedure Law § 170.70 states that:

Upon application of a defendant against whom a misdemeanor complaint is pending in a local criminal court, and who, either at the time of his arraignment thereon or subsequent thereto, has been committed to the custody of the sheriff pending disposition of the action, and who has been confined in such custody for a period of more than five days, not including Sunday, without any information having been filed in replacement of such misdemeanor complaint, the criminal court must release the defendant on his own recognizance unless:

1. The defendant has waived prosecution by information and consented to be prosecuted upon the misdemeanor complaint, pursuant to subdivision three of section 170.65; or
2. The court is satisfied that there is good cause why such order of release should not be issued. Such good cause must consist of some compelling fact or circumstance which precluded replacement of the misdemeanor complaint by an information or a prosecutor’s information within the prescribed period.

What this means is that if the defendant is charged by way of a complaint rather than an information (remember, the difference is hearsay, as indicated above), unless there is a compelling reason to keep the defendant in custody, the complaint must be converted into an information to cure the hearsay defect within the five or six day period. If the prosecution cannot convert the accusatory instrument within this time, the defendant will be released. As the time begins to run from the defendant’s arraignment, the prosecution always has until the close of business on the fifth or sixth date to accomplish this. Although there is an exception for good cause, this rarely ever exists in a misdemeanor case.

If the crime charged is a felony, New York Criminal Procedure Law § 180.80 states that:

Upon application of a defendant against whom a felony complaint has been filed with a local criminal court, and who, since the time of his arrest or subsequent thereto, has been held in custody pending disposition of such felony complaint, and who has been confined in such custody for a period of more than one hundred twenty hours or, in the event that a Saturday, Sunday or legal holiday occurs during such custody, one hundred forty-four hours, without either a disposition of the felony complaint or commencement of a hearing thereon, the local criminal court must release him on his own recognizance unless:

1. The failure to dispose of the felony complaint or to commence a hearing thereon during such period of confinement was due to the defendant’s request, action or condition, or occurred with his consent; or
2. Prior to the application:
   • (a) The district attorney files with the court a written certification that an indictment has been voted; or
   • (b) An indictment or a direction to file a prosecutor’s information charging an offense based upon conduct alleged in the felony complaint was filed by a grand jury; or
3. The court is satisfied that the people have shown good cause why such order of release should not be issued. Such good cause must consist of some compelling fact or circumstance which precluded disposition of the felony complaint within the prescribed period or rendered such action against the interest of justice.

What does this mean?—What this means is that if the defendant is charged with a felony, one of four things has to happen prior to the expiration of the 120 or 144 hours. The four things are: 1) the case must have been presented to the Grand Jury, who have voted to indict the defendant; 2) a preliminary hearing must be held before a judge; 3) the defendant waives their right to release pursuant to this statute or 4) there is good cause to justify an extension of the time.

It was mentioned in the prior paragraph that there must be an indictment. Many courts have interpreted this statute to afford a short extension of the 180.80 time and the prosecution’s case has been fully presented to the Grand Jury but the Grand Jury has not voted an indictment due to either a) the defendant’s desire to testify b) the defendant’s desire to have the Grand Jury hear from a witness or c) the Grand Jury’s inability to vote based upon their request to hear from a specific witness or obtain additional evidence. [Note that this third reason rarely occurs]

There are a lot of differences between this statute and the 170.70 statute. First (as can be seen) more than just converting an accusatory instrument into an information must be done. Second, the 180.80 time begins to run from the moment that the defendant is arrested and it expires exactly five or six days later. This means that the prosecution must be fully aware of the time of arrest. Third, unlike misdemeanor cases, there may be real life situations when the time could be extended for good cause. An example is in serious assault cases where the victim is the only witness, and is incapacitated as a result of the defendant’s actions. The purpose of this is not to allow the defendant to benefit from their violent offense.

If a defendant is released pursuant to New York Criminal Procedure Law §§ 170.70 or 180.80, their case will be adjourned for a future date once they are released.

Bail is always subject to the discretion of the judge. N.Y. Criminal Procedure Law §§ 510.10 and 530.20 (1)(d) states that “a defendant may, at any time, request that the court set bail in a nominal amount requested by the defendant.”

However, there is a principle that bail should not be changed unless there is a ‘change in circumstances’. If during the pendency of the case, there is a change in circumstances, the issue of bail may be revisited, which means that a defendant who is at liberty or who already posted bail may now have bail set or increased. Changes in circumstances could include a defendant with a pending case getting re-arrested for a new offense, or if they do not appear in court thus causing a warrant to be issued.

What constitutes a change in circumstances that would warrant a change (upward or downward) in bail? In People v. Mohammed, 171 Misc. 2d 130, 653 N.Y.S.2d 492 (Sup. Ct. Kings Cty. 1996), the Court stated:

A securing order of bail is subject to change “‘depending upon such circumstances as come into being while the defendant is awaiting trial or during trial. Justice often supports the reduction [or revocation] of bail as [warranted] by new circumstances … The alteration of [the] original order upon a showing of facts supporting the discretion of the second ordering judge is a proper and required use of the decisional process’”. (People ex rel. Thompson v Warden, 214 NYS2d 171, 175 (Sup Ct, Kings County 1961). The same principles applicable to a bail determination in the first instance apply to its discretionary alteration. If the moving party can show good cause, a Judge may alter a bail order in accordance with CPL 510.30.

If the same judge or a judge of the same type of court is asked to reconsider bail, they are to consider if there is truly a change in circumstances. Otherwise, the same court or a court of coordinate jurisdiction would in effect be handling an appeal of the original court’s determination.

Note that a party can appeal to a higher court to reargue bail (this should only occur in limited circumstances). In this situation, it is not a court of coordinate jurisdiction hearing the matter, but a higher court which will determine if the lower court abused its discretion in fixing the bail.

There are many factors that contribute to a judge’s calculation of maintenance including the length of the marriage, the spouse’s earning potential, the health conditions of both spouses, the presence of children, and anything else the judge deems relevant, including a statutory calculation guideline. Temporary maintenance is generally awarded as the case proceeds to the lower income spouse depending upon a specific formula used in New York State.

Filing for divorce is a process begun by filing a document with the court that is called a Complaint or a Petition, depending upon the state in which you live. Some states call the procedure a divorce, and some call it a dissolution of marriage. A copy of the Complaint is served on (or officially delivered to) your spouse, usually by the sheriff’s office or process server. This may not be necessary in some cases, where you and your spouse are in agreement. Your spouse will be given a certain number of days to respond to the Complaint. How the case proceeds from there will depend upon how your spouse responds. You and your spouse may reach an agreement, your spouse may file a response (either agreeing to what you’ve requested in the Complaint or contesting it), or may not reply at all. Other documents may also need to be filed, mostly commonly financial statements. Things can become quite complicated in a contested case, with numerous documents being filed, and one or more formal court hearings.

It depends. Because divorce is case specific, it is possible that the parties could reach a global resolution of all matters in the divorce, sign all of the necessary paperwork and get a signed Judgment of divorce without either party ever stepping into the courthouse. Whether this can happen in your case depends on how amicably you and your spouse can work with each other and whether you both have similar thoughts on how things are going to be resolved.

New York allows married couples to file for a legal separation. A legal separation is an alternative to filing for a divorce when spouses no longer wish to live together. Most of the issues that can be settled in a divorce are settled in a legal separation. Unlike a divorce, however, at the end of a legal separation the parties are still legally married and they are not legally able to remarry.

The maiden name is usually changed at the time the judgement of divorce is signed by the court as it is part of the order.

• The demonstrated parenting ability and relative fitness of the parties
• The love, affection, and nurturing given by each party to the child, the emotional bond between the child and each party, and the willingness and ability of each party to put the child’s needs ahead of his/her own;
• The length of time the child has lived in a stable and satisfactory environment, the desirability of maintaining the current custodial residence and the stability of the proposed custodial residence;
• The ability of each party to provide for the child’s emotional and intellectual development;
• The financial resources available to each party and the ability of each party to provide the child with food, clothing, housing, and medical care;
• The individual needs and expressed desires of the child and the degree to which the custodial determination would either continue or interrupt the various elements of the child’s day to day life;
• The willingness and ability of each party to facilitate and encourage a close and optimum relationship between the child and the other party; and
• Any other factor deemed relevant to a particular custody dispute; e.g, domestic violence, substance abuse, fabrication of allegations, and its impact on the child.

Navigating a divorce is tough, especially when children are involved. To win custody, you need to show the court that your home is the best place for your child’s well-being.

Here’s what the court looks for:

1. Keeping Siblings Together:
   Highlight the importance of siblings supporting each other through life’s big moments, like moving to a new school. Show examples of them working together, such as cooking meals or doing chores.
2. A Loving Home Environment:
   Show how you’ve created a warm, supportive home. This could be through setting up a homework space, adopting a family pet, or getting involved in community events like playgroups.
3. Responsible Parenting:
   Compare your responsible parenting, like setting routines and promoting healthy habits, against any irresponsible behavior by the other parent. Use reports from teachers or doctors to back up your claims.
4. Emotional and Educational Support:
   Demonstrate your involvement in your child’s learning and emotional well-being, from tutoring sessions to confidence-building activities like sports or arts.
5. Financial Stability:
   Provide proof of your financial planning for your child’s future, such as savings for education, and contrast this with any instability from the other parent.
6. Stable Caregiving:
   Show the consistent care you’ve provided, backed by stories from neighbors or friends who’ve seen your parenting first-hand.
7. Encouraging Both Parent Relationships:
   Highlight how you’ve supported a positive relationship with the other parent, like flexible visitation and open communication.
8. Listening to Your Child:
   Respectfully include your child’s wishes, especially if they’re old enough to express their preferences, perhaps through statements made during therapy sessions.
9. Ready for Changes:
   Show how you’re prepared to meet your child’s changing needs, whether that’s new schools, hobbies, or friends.
10. Community and Family Support:
    Emphasize the strong support network your child has with you, from close family ties to community involvement. Photos can be a great way to illustrate this.

Winning custody is about showing your deep commitment to your child’s physical, emotional, and educational needs. By carefully presenting evidence of how your home offers the best environment for your child, you can build a compelling case that focuses on what’s truly best for them. Remember, it’s all about the child’s best interests.