By GetLegal.com

Some singers find success crooning about their family woes. However, when issues of child custody and visitation leave the lyrics and enter reality, courts may have to step in and make hard decisions to protect the welfare of their children.  This was the case in December, 2009 when Courtney Love, the former front-woman for the alternative band Hole, lost custody of her 17 year old daughter Frances Bean and was forbidden to contact her by court order.  Bean has been living with her paternal grandmother and aunt as her father, Nirvana band member Kurt Cobain committed suicide in 1995.

Recently, Love has expressed interest in regaining custody of her daughter.  Love has commented on her twitter page that she plans to go to court and sue her former mother and sister in law.  Love has stated “Im severely lonely without my best friend and no am not on drugs.”  NY Daily News, People Magazine

Under the New York Child Custody Jurisdiction and Enforcement Act, child custody is determined by “the best interests of the child.” To determine the best interests of the child, courts enlist the help of experts and psychologists to determine which parent or family member will be the best custodial parent for the child/children.  Additionally, the court will examine various factors in determining whether to grant a motion for child custody, such as the financial ability of each parents, the lifestyle of each parent, who has served as the child’s primary caretaker, the desires of the child, each parents availability and ability to care for the child, what living arrangements are available for the child, and any proven incidents of domestic violence based on a preponderance of the evidence.

The New York Child Custody Jurisdiction and Enforcement Act also spells out rules for joint custody. “Joint custody may not be awarded unless both parents mutually agree to the arrangement. However, once custody is established, the custodial parent should keep in mind that visitation rights of the non-custodial parent are constitutionally protected. Any action to prevent a biological parent from visiting with their child can lead to court sanctions against the custodial parent.”  New York Child Custody Jurisdiction and Enforcement Act.

Leeds Morelli & Brown, P.C. is a recognized firm in the area of child custody and visitation rights. Leeds Morelli & Brown, P.C. lawyers work hard to resolve matters that will be in your child’s best interests and successfully litigate your family’s legal issues. If you are seeking to gain custody over a child or want more information, please contact Leeds Morelli & Brown, P.C. at 1-800-585-4658 for a free consultation.