5 Common Misconceptions About a Child Custody Battle in New York City

There are so many misconceptions that go around about child custody battles in New York City. However, let's spend a moment to separate the facts from fiction. Let's explore some of the most common misconceptions about child custody battles in New York City.

 

Misconception #1: Mothers Will Always Get Custody of Their Children.

What's really the reality in 2023? The court will always focus on the best interest of the children regardless of if it decides to award custody to the mother or father. There are so many factors that go into who gets awarded custody, however; the child's stability and well-being will always play an important role. Furthermore, the court will consider how involved each parent can be based on their job responsibilities and lifestyle.

 

Misconception #2: If a Parent Doesn't Pay Child Support, They May Lose Their Visitation Rights

 

The reality is that child support and visitation rights are not always related. Usually, parents cannot be denied visitation if they fail to make child support payments. It is however important to note that the parent who is receiving child support has a right to pursue legal action in order to collect child support payments. It is also realistic to consider that the parent is supposed to be receiving child support payments and doesn’t may try to deny visitation to the parent that is withholding child support. It is best to consult a NY divorce and custody lawyer if you are in this situation.

 

Misconception #3: The Court Will Favor the Parent with More Financial Stability

 

The truth is that even though financial stability is important for taking care of the children; the court cannot decide based on that alone. Many factors must go into the decision-making process, such as is there a stable home environment and what will be best for the child's emotional health.

 

Misconception #4: Once a Child Custody Order is Finalized, it Cannot Be Changed

The reality is that a parent or child’s circumstances can change over time. When circumstances do change, the court has the authority to revisit and remodify the child custody order upon application by either parent. One example of this would be if one of the parents gets a job out of state and has to move out of town. Another example would be if the court thinks that a child's well-being is at risk. In each instance, one of the parents would need to make an application to the court for a modification to the existing custody arrangements.

 

Misconception #5: Parents Can Finalize Custody Arrangements Without Getting a Court Involved

 

The reality is that parents can come up with custody arrangements outside of court, however; it is sensible to consult a knowledgeable New York divorce and custody attorney who can help formalize the agreement. Call Sabra Law Group if you need assistance at (646) 472-7971.

 

Misconception #6 Child Custody Battles in Court Always End Up in a Long and Nasty Legal Process

 

The reality is that many custody battles and disputes can be resolved through mediation or even a collaborative divorce process. The advantage of either of these processes is that they focus on helping both parents to come up with a mutually agreeable solution and do it in a quicker and less confrontational manner than going to court. Preparing for a Child Custody Battle in New York City? Contact Sabra Law Group to get the support you need in your child custody battle in New York at (646) 472-7971.