Child Custody

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.

 

 

 

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.

 

 

 

How to Prepare for Your Child Custody Battle in New York

Custody Battle in New York

One of the most significant issues divorcing couples cannot agree upon is child custody. Both parents usually want the best for their children, however, many divorcing couples find that they have different ideas about what is best for the child, visitation schedules, and child support amounts. 

Couples going through a bitter divorce may even use child custody and support issues to drag out the divorce proceedings. Emotions run very high in a divorce, and anger can make people think differently than at any other time. Consider using a divorce mediator if you need to prepare for a child custody battle in New York.

Divorce mediation is often the best choice for divorce proceedings that are stuck on a subject or have difficulty proceeding to the next step. Both parties come to a standstill, and the case drags on and causes delays in the divorce moving forward and causes both parties to become frustrated.

 

Since both attorneys are vested in their client's best interest, bringing in a divorce mediator is the perfect option. A divorce mediator has no connection to either party. They offer an outside opinion on a subject that is highly emotional for all others involved.

Divorce Mediators Bring Calm to the Table

Since the divorce mediator does not have any vested interest in either party, they can look at the information and make valid suggestions to settle the child custody issues. The mediator can look at what is really in the child's best interest and offer advice on how both parents can make this work.

A mediator can present facts to both sides of the issue that is unbiased. In most cases, both parties will respond very well to this type of information. When either party believes that the decision is not harming them, they will start making the choices necessary to get the divorce proceedings moving and bring an end to the case.

Facing A Child Custody Battle In New York?

If you are facing a child custody battle in New York, it will be in your best interest to contact Sabra Law Group at 646.472.7971. They are certified divorce mediators and have been successfully helping people settle their differences and come up with viable solutions so that they can finalize their divorce.

 

 

 

 

 

 

 

 

 

 

How to Protect Your Children from Parental Conflict During Divorce

 

Divorcing couples may not agree on much but one thing that they can probably agree on is that they both want what is best for their children. Divorce is a very difficult and stressful time and children will feel the toll of divorce as well. The good news is there are some ways that you can protect your children from parental conflict during divorce.

 

If your children are old enough to understand what divorce really means, make sure that you are not getting into details with them about your frustrations with your ex. Even if you have teenage children and they ask you why you are angry with your ex; it is best not to vent to your children.

 

Just as you would not want your spouse to badmouth you to your children; it is best to have the same respect for your spouse as well.  Children are very sensitive to their environment, and it is best to create a safe and healthy environment for them. 

 

It is Best to Avoid Parental Alienation

 

Parental alienation happens when one parent influences a child into disengaging with the other parent, usually by speaking negatively about the other parent. The parent who is speaking negatively about the other parent may also refuse to coordinate time sharing and be uncooperative in the co-parenting process.

 

That is going to be extremely difficult on children because children want to be loved by both parents, they want to be accepted by both parents and they want to be loyal to both parents.

 

Parental alienation can also result in serious psychological and emotional issues that may impact your child custody case.

 

If you're struggling with divorce and need someone to talk to, reach out to a trusted friend or consider seeking the help of a qualified therapist or counselor.

 

Do Not Deny Parenting Time to Your Ex

 

No matter how old your children are children need both of their parents to be involved in their lives.  It would not be fair to keep your children from the other parent.  If you are trying to punish your ex by keeping them from their children, it also punishes your children.  Children do not deserve to be placed in the middle of a parental battle. 

 

Learn How to Effectively Communicate with Your Ex

 

Part of the co-parenting process is to be flexible. The more flexible you are, the easier it will be to get along with your ex and ensure that your children are not impacted negatively by the divorce process. The are parenting courses available online where you can learn ways to effectively co-parent and there are co-parenting apps that both you and your ex can use to communicate about the children and share documents, events, and calendar all in one place.  So look for resources and ways in which co-parenting can be made easier for you.

 

Speak to a Manhattan Divorce Mediator to Help with Parental Conflict

 

You do not have to figure it all out alone.  Reach out to Sabra Law Group today to schedule a confidential consultation at (646) 472-7971. 

 

 

 

 

 

 

 

 

How to Get Full Custody of Your Children in New York

One of the most contentious matters in divorce cases is child custody. The parents want what's best for their children, and that's also the goal of the courts. In fact, judges are guided by the principle of the "best interests of the children”.

In general, it's considered desirable for the children to maintain relationships with both parents. Nonetheless, there may be situations in which it's wise for one parent to be awarded full custody.

If you believe that having full custody of your children in New York is in your family's best interest, then there are things you can do to strengthen your case.

Collect Documentation

Do you believe that your spouse is abusive? If so, then it's sensible to gather as much evidence as possible. This may include medical records, affidavits from healthcare professionals, photographs, and your written observations.

Even if abuse isn't occurring, it's smart to keep a journal of everything that happens with regard to your kids. Record events like pick-ups and drop-offs, phone calls, whether or not child support payments are being received, and your child's routine activities. Courts love to have everything documented, so the more notes you take, the better.

Keep Yourself Clean

Any questionable behavior on your part can make it harder for you to obtain full custody of children in New York. Keep your driving record spotless. A DWI or reckless driving citation will come out in court. If any court orders are in place, make certain that you follow them to the letter, even if you don't agree with them. Make sure that you aren't indulging in recreational drug use or drinking to excess. If you're on social media, suspend your participation, but keep an eye on what your spouse is posting.

Spend Time with and Know Your Children

Make certain that you're familiar with your child's teachers and doctors, and spend quality time with your kid. Keep childcare by others to a minimum as your children need to have your hands-on involvement. While it's important to communicate with your child, refrain from discussing the custody case or trying to obtain information about the other parent from them.

Perhaps the best thing you can do toward obtaining full custody of your children in New York is to hire the Sabra Law Group to represent you. Call (646) 472-7971 today to learn how we can help you with custody in New York.

 

 

 

 

 

                        

What Happens to My Rights of Access if I Have a Child with a Partner and We Are Unmarried?

In recent years, it has become increasingly common for unmarried couples to have children. This has presented a relatively new set of challenges when these couples decide to separate.

The good news is that unmarried parents have many of the same rights that married ones do in New York. For instance, it is possible under state law for unmarried parents to claim visitation, custody, and child support.

What Are Some Issues that Can Arise in Cases Where Partners Are Unmarried?

Nonetheless, other issues may arise in such cases that do not usually attend typical divorce cases. As an example, questions of paternity are more likely to arise in these cases than they are in more traditional divorce matters.

Another issue that is more likely to arise is rights of access. Simply because the relationship between the adults is ending, the responsibilities of parenthood do not cease. As the couple separates, it is necessary to create a sensible and realistic plan for continuing to raise the children, ideally with both parents in the picture.

A big part of this plan is custody. "Custody" refers to legal responsibility for caring for a child. Residency or physical custody relates to where the child lives while legal custody relates more to the power to make decisions with regard to factors like health care and education.

How Are Decisions Regarding Physical Custody Handled in New York?

The parents or the court may make decisions with regard to the child's "physical custody," or primary residence, with one of the parents. Consequently, the other parent likely will be granted "visitation" rights, also referred to as “parenting time.” These are effectively rights of access that ensure that a child and parent are able to spend adequate time together to foster a meaningful relationship.

Either of the parents may be granted physical custody, and the other parent is virtually always granted rights of access. Remember that the standard applied by the courts is in “the best interest of the child.” Typically, this means having quality access to both parents. Even if you and your partner were never married, this should not be an obstacle to you or your former partner receiving rights of access.
 

Who Determines Visitation?

The court determines whether or not visitation is in the child's best interest, but, if possible, it's wise to try to settle such matters out of court. Mediation is a sensible and less confrontational option that can settle questions of custody and rights of access.
 

Need Assistance with Your Rights of Access in New York?

If you would like to learn more about rights of access, contact the Sabra Law Group today by calling (646) 472-7971.

 

 

 

 

 

 

 

 

 

 

                                                       

 

Do I Have Rights to Be Present During the Birth of My Child if the Mother Keeps Me Away?

Do I Have Rights to Be Present During the Birth of My Child if the Mother Keeps Me Away?

You have conceived a child with a woman that you are not married to at this time. Whether this pregnancy was planned or not, you want to have an active part in the process. However, the mother does not want you to be involved in the pregnancy or birth process.

Your question is, “Do I have rights to be present at the birth of my child”?

The Answer is No, You Do Not Have Rights to Be Present

Under the guidelines of the law, pregnancy is seen as a medical condition, and the woman who is giving birth has the right to privacy for the medical care for this condition. You cannot force or compel her to allow you to be present at the birth of your child.

However, once the baby is born, you do have parental rights. These rights give you the ability to bring a proceeding in court for visitation and other parental duties for the child. When you start a proceeding to enforce your rights, you will also have to establish paternity as well as a child support plan for that child.

Speak with An Experienced Attorney Focused on This Area of Law

Establishing parental rights under these circumstances can be challenging when one parent does not want to interact with the other. Parental rights will have to be established through paternity testing, and there will need to be legal documentation presented.

If you have found yourself in a position where you want to establish your paternity so that you can have an active part in your child's life, work with an attorney who focuses on family law.

Sabra Law Group Can Assist with Establishing Your Rights as the Child’s Father

The New York family law attorneys at Sabra Law Group can help you with this situation. They can help establish your rights and seek visitation rights for you with your child. Through mediation or direct legal action with the courts, Sabra Law Group will actively represent your rights as the child's father.

You may not have the legal right to be present at the birth of your child, but this does not mean you do not have the rights to be involved in their life. If you want to be actively involved in your child's life, speak with one of the attorneys at Sabra Law Group today. Call 646-742-7971 and find out everything Sabra Law Group can do for you.

 

 

 

 

 

 

 

 

 

 

 

 

                                        

What You Need to Know About Child Custody if You Relocate Outside of New York 

relocate outside of New York

Issues concerning child custody are limited by jurisdiction. For a court to make any determination on child custody issues, it must be established that the child has lived within the jurisdiction for the previous six months. This is usually not an issue, but if you relocate outside of New York prior to establishing custody, there may be some additional legal issues you must address.

Rules For Custody Jurisdiction

In most cases, if there were prior child custody hearings about the child or children in question held in New York and the children have since moved, New York may elect to keep jurisdiction over the custody hearings if one of the parents has remained in New York. However, if the child has lived outside of the area for over six months, the court in the new state may assume jurisdiction over custody hearings. This applies to every state except Massachusetts.

What Happens if Your Child Has Large Connections to New York State

If you relocate outside of New York, but the child has a large connection to the state, such as education, medical care, or spends a significant time with the other parent who lives in New York, the state may retain jurisdiction over all custody hearings.

There Are Many Complexities When It Comes to Child Custody 

There are many complexities that can arise when it comes to child custody. If the child was wrongly removed from the state, New York may automatically assume jurisdiction as the home state for the child. 

If there were other circumstances that have removed the child from living in the state for the prior six months, but they really should be considered a resident of New York, the state may decide to retain authority.

Work With A Child Custody Attorney

If there are any questions about residency when it comes to child custody, it will be in the best interest of the parent to seek representation from a child custody attorney. An attorney can help establish jurisdiction as well as help solve all of the issues regarding custody.

It will be especially important to seek legal representation if you have recently relocated outside of New York and need to make any changes to your child custody agreement. 

Contact Sabra Law Group today to discuss your child custody case at (646) 472-7971.

 

 

 

 

 

How Domestic Violence Can Impact Child Custody in Manhattan

Domestic violence is always a difficult topic to discuss, however, it is important to know how to protect your children if they may have been impacted by domestic violence. The most critical thing to keep in mind is to remove your children from the situation as soon as possible and keep them safe.  

When children witness domestic violence between their parents, it can really take a toll on their mental health.  A family law judge in New York state will take domestic violence charges very seriously and the outcome of child custody and visitation will be impacted. It is the responsibility of the judge to ensure that the safety and well-being of children are taken into serious consideration prior to granting any child custody or visitation rights. 

Domestic violence in New York state is handled in courts as a “family offense.” The types of crimes that are included under domestic violence may include assault, stalking, harassment, aggravated harassment, menacing, reckless endangerment, strangling or choking, disorderly conduct, criminal mischief, sexual abuse, intimidation, threats, intimidation, or coercion.  

It is unfortunate, but sometimes a parent may fabricate domestic violence claims to take advantage of gaining full custody or preventing custody to be granted to the other parent. 
 

In most cases, the person accused of domestic violence will be able to present proof that they are not a threat to their spouse or children, but it is always not so simple to do so. If this is the case, it is imperative to consult an experienced New York family law attorney who can provide sound legal counsel.  

If you have experienced domestic violence, it is just as important to consult a family law lawyer who can help you.  With the assistance of a family law attorney, you may be able to obtain an emergency restraining order that keeps your spouse from entering your home.  A temporary restraining order can be valid for up to four weeks. It is also a good idea to ask your divorce lawyer if they can refer you to a criminal lawyer that can further help your case and situation. 

Regardless of if you have been wrongly accused of domestic violence or if you have been the victim of domestic violence, it is best to consult a Manhattan Divorce Attorney who can provide guidance on your case and the best way to protect your children when it comes to child custody.  

Need Assistance with Child Custody in Manhattan? 

Contact Sabra Law Group today if you need assistance with child custody or divorce in Manhattan, call (646) 472-7971.

 

 

 

 

 

 

How to Handle Post-Divorce Child Custody Conflicts During the Pandemic

Post-Divorce Child CustodyThe COVID-19 pandemic has changed virtually every aspect of life. It should come as no surprise, then, that those changes have extended to post-divorce child custody. While the agreements made by former spouses during the divorce process were almost certainly made with the best interests of the child in mind, the truth is that the pandemic has no respect for such agreements. As such, there are a few basic steps that should be taken to ensure a safe and effective custody arrangement during these trying times.

While difficult, the first thing to do is to be realistic about how the pandemic is going to impact your custody arrangements. A parent being quarantined may cause one party to lose his or her visitation time, so an alternate arrangement should be found if possible. Likewise, changes in the availability of travel or childcare will have to be looked at to determine how the child's routine will be changed. These changes will be quick and often difficult, but it will be up to the parents to ensure that they are navigated as smoothly as possible.

If communication between the parents is possible. it is often a good idea to make a parenting plan for COVID-19. This will include both the steps that both parents will take to keep the children safe as well as basic steps that can be taken when unusual circumstances occur. Referring to this agreement can help the parents to better adapt without having to hash out the argument every time the situation changes.

With this said, there will be times when disagreements occur, and steps may need to be taken in order to keep the children safe. While in-person mediation is unlikely to occur in many areas, mediation through teleconferencing can be an effective way to allow both parents to have their say while still allowing a third party to mediate the situation. In those situations when a compromise is impossible, it may be necessary to go to court in order to have the custody arrangement temporarily changed in order to better navigate the new reality of COVID-19.

There is no easy way to co-parent during COVID-19 but there are steps that you can take to simplify the process. Try to be realistic about the situation and make whatever compromises you can, but make sure that you're willing to work to ensure that your child is kept as safe as possible. If you are dealing with a post-divorce child custody issue, make sure to contact the Sabra Law Group at 646-472-7971 to get the help you need.