Child Custody Battle in New York

New York Divorce Mediator Shares How to Protect Your Children During Divorce

Divorce can have a negative impact on children and their well-being; however, there are ways you can protect your children during divorce. A New York divorce mediator shares some things you can do to protect your children during divorce.

 

Opt for a Low-Conflict Divorce

 

If you do not want divorce to negatively impact your children, it is important to keep the conflict level low in your divorce. One way to do this is to mediate your divorce instead of battling it out in court. Although some conflict is unavoidable during divorce, you can take steps to safeguard your children so that they are not stuck in the middle of a nasty divorce battle.

New York Divorce Mediator: How to Protect Your Children During Divorce

Be Cautious of Your Spouse Putting Your Children in the Middle of the Divorce

 

If your spouse is going to your teenage children to communicate with you; instead of communicating with you directly, they are putting your children in the middle of your divorce. It is imperative to nip that in the bud as soon as it happens. Have an honest and upfront discussion with your spouse that this is not healthy for the children. Also, convey that as adults we should handle the details of the divorce confidentially.

 

Are Your Children Too Young to Understand Why You Are Divorcing?

 

Also, it is best to not be an open book when it comes to disclosing reasons for your divorce to your children. If your husband cheated on you, it is not something you want to bring up to your children; especially if they are too young to comprehend what is happening.

 

Keep Financial Matters About Child Support Confidential from Your Children

 

And if your ex is giving you a hard time about paying for child support or providing other financial support for the children, do not bring the children into it! It is best to keep these things private and sharing things like this with your children can foster resentment towards the other parent. Talking bad about the other parent can take a psychological toll on children; so, it is best to avoid this at all costs.

 

Have a Solid Game Plan on How to Treat Your Children Collectively During the Divorce

 

“Collectively” means that both of you need to be on the same page in terms of what you're going to share with the children and what you're not going to share with the children. Think of it as making a pact that is not meant to be broken for the sake of your children’s emotional well-being.

 

Need a New York Divorce Mediator to Help You With Your Divorce?

 

Call Sabra Law Group today at 646-472-7971 to speak to a knowledgeable New York divorce mediator who can assist you with your divorce matters.

 

 

 

When and How Can Child Custody Orders Be Modified in New York City?

Child custody arrangements in NYC should always prioritize the best interest of the children first and foremost. However, as life events and situations change; what may have worked initially may not work in the future. Let’s discuss how child custody orders can be modified in New York City below.

When and How Can Child Custody Orders Be Modified in New York

What Are the Grounds for Modifying Child Custody Arrangements in New York City?

 

The court usually requires a parent to demonstrate a significant change in circumstances from the last time the initial order was issued to consider modifying a child custody orders.

 

These changes may include:

 

  • Neglect, abuse, or domestic violence
  • A significant change in the living situation of one of the parents
  • One parent has to relocate thus making the existing arrangement unrealistic
  • Any changes to the child's health welfare or education needs

 

The Court Will Always Evaluate the Best Interests of the Child Above Anything Else 

 

Even if there is a huge change in a parent’s situation or circumstance; the court will still consider what the child's relationship is with both parents as well as the preferences of the child. If the child is old enough to declare their preferences the court will take that into consideration

 

The court will also look to see which parents can better provide a stable and safe home environment. The court will also consider any previous history of child neglect or abuse.

 

What is the Process of Modifying Child Custody Orders in New York City?

 

Step One: Consult your divorce mediation lawyer about helping you file a petition with the court that issued the initial child custody order. Usually, this will be the family court in your area where either one parent or the child lives in.

 

Step Two: Mediation prior to your court date.  Mediation is a collaborative approach that assists both parents find a middle ground for child custody and divorce related matters.

 

Step Three:  A court evaluation may be required. Sometimes the court may require an evaluation if the parenting situation is delicate. A court evaluation involves working with a neutral 3rd party such as a psychologist or social worker.

 

Step Four:  Schedule a court hearing.  The court may require a hearing if both parents fail to come to an amicable agreement via mediation. The judge will evaluate all evidence, an evaluation report (if there was one conducted), and any applicable witness testimonies.

 

Step Five:  The judge may issue a modified child custody order.  If the judge determines that a child support order modification is in the best interest of the child or children; the judge will issue a new child custody order.

 

Do You Need Help with Your Child Custody Order in NYC?

 

Contact Sabra Law Group today to speak to a New York divorce mediation lawyer at (646) 472-6971.

 

 

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.

Child Custody Battle New York

 

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.