Custody

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 Manage Your Social Media Use During Your Child Custody Case

Social media is a huge part of everyday life, however; your social media presence may be criticized during a child custody case. And if you're wondering if what you post on social media can have a negative impact on your child custody case the answer is absolutely. It is important to be intentional and strategic with your social media usage during your child custody case.

 

You may consider making tweaks to how you use social media and how often you post and be especially careful of what you post.

 

Below Are Some Tips for Managing Your Social Media During Your Child Custody Case in New York

 

Tip 1: Ask your attorney for legal guidance on how to best manage your social media accounts based on your specific case. Your New York divorce lawyer or divorce mediation attorney can guide you through the process in terms of what's going to help put you in the best light. Working with a knowledgeable Manhattan divorce lawyer may help you with your child custody case.

 

Tip 2: Do not delete evidence. While it's tempting to easily hit the delete button and delete posts that you think might be incriminating to your case; again, it is best to again consult your attorney first.  They can best advise you on how to handle the deletion of existing social media posts.

 

Tip 3: Consider limiting your social media usage by staying off social media altogether. Sometimes it's difficult to discern the impact of what you are posting. If you're the type of person who is more impulsive and posts on social media when your emotions are high; it may be best to just take a social media break until after your custody case is over.

 

Tip 4: Even if your social media is private keep in mind that the people you have already accepted as connections will have access to everything that is on your page including your post, your stories, and your content. Keep in mind that nowadays it is easy to take a screenshot and share it with your soon-to-be ex-spouse.

 

Tip 5: Do not discuss the details of your child custody case on social media. It may be tempting to share what a difficult day you had because your spouse is giving you a hard time, however, it is best to keep that off social media. Instead, call a friend or a close family member.  You can also seek the help of a qualified therapist if you want to keep your personal life more private.

 

Tip 6: Be careful in sharing your expensive spending habits on social media.  A huge part of a child custody case is the financial aspect of it, and that could be detrimental to your case if you're posting extravagant photos of lavish trips and spending money like there's no tomorrow.

 

Schedule an Appointment with a Manhattan Divorce Mediation Attorney Today

 

If you have questions about preparing for your child custody case or divorce, call Sabra Law Group today to schedule a confidential call 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.

 

 

 

 

 

 

Can You Keep Your Ex-Spouse’s New Partner Away from Your Children? 

ChildrenWhether your divorce is finalized or not, it can be painful to hear that your former spouse has re-entered the dating pool. 

This may be especially troubling if you learn that your ex-spouse's new partner is frequently around your child or is actually babysitting during the former spouse's parenting time.

You'll probably be experiencing a mixture of emotions like hurt, anger and discomfort. After all, you may wonder what impact your ex-spouse's new partner may have on your child or simply feel uncomfortable with the idea that a stranger is helping to raise your child.

All of these feelings and concerns are valid and natural. However, in most cases the law says that is perfectly acceptable for a new partner to be around your kids. How is this possible?

It's because of the parenting time that your ex-spouse has been granted by law. If a parent is deemed competent by the courts to raise a child, this includes their ability to decide about whether or not it's appropriate to have a new boyfriend or girlfriend around the kids. 

While you may not be happy that your ex-spouse is moving on and you may dislike that the new partner is around your kids, it's best to proceed with caution. Judges in New York generally prefer to allow kids to have contact with both parents unless one of them is putting the child in danger. If you try to prevent your kid from spending time with your former spouse and their new partner, then your actions may be construed as interfering in the relationship between the parent and child.

However, if you suspect that your child is being abused or neglected while in the care of the other parent, including while in the care of the new partner, then you have every right to seek legal recourse. This includes situations in which the new partner has issues with drugs or alcohol, is impaired by a mental health issue or is violent or abusive.

If you believe that your former spouse's boyfriend or girlfriend is harming, abusing or neglecting your child, then it is wise to immediately consult with a family law attorney. The courts will protect children who are in abusive and neglectful situations, even if it means limiting or terminating the parent-child relationship. 

If you have concerns about your ex-spouse's new partner, then contact the Sabra Law Group today at 646-472-7971.

 

 

 

 

How Domestic Violence Can Impact Child Custody During the COVID-19 Pandemic

Domestic ViolenceDomestic violence can cause emotional, psychological, and physical trauma to the spouse who is being abused as well as the children that are living in an abusive household.  If you are in a situation where you are experiencing domestic violence, it is best to remove yourself from that situation for your safety as well as your children’s.   Let’s examine how domestic violence can impact child custody during the COVID-19 Pandemic.

 

A New York family law judge will take domestic abuse charges very seriously when it comes to determining how child custody and visitation may or may not be granted. If the abuse was serious enough or happened repeatedly, it is unlikely that the judge will grant child custody to the abusive spouse.   Both the New York family law judge and your child custody attorney have the same goal in mind; to do what it takes to protect you and your children from an abusive domestic environment.

 

Children who witness domestic abuse between their parents are at the highest risk for transmitting violent behavior from one generation to the next; it is best to get them out of that type of environment as soon as possible.  Their future depends on it.

 

Legally, the abusive spouse may be allowed to rebut the domestic violence charges.  This process may include having to provide evidence that shows that he/she is not a threat to the children or spouse. An example of when a spouse may need to rebut the domestic violence charges is if their spouse fabricated some or all of the domestic violence allegations in order to have the upper hand when it comes to child custody.  It is also an opportunity for the accused spouse to prove their case and/or make an effort to fight for their custody rights.

 

How to Get Immediate Help If You Are Experiencing Domestic Violence During the COVID-19 Pandemic

 

The first step is to find a way to either remove yourself from the situation and your abusive spouse.  You can do this by either finding another place to stay temporarily or get assistance from your New York divorce attorney who can guide you. Your attorney may be able to guide you in getting an order from a New York family law judge to restrict visitation or help you obtain a temporary restraining order.  

 

Call Sabra Law Group Today to Determine How Domestic Violence Can Impact Child Custody for Your Unique Situation

 

Each situation is different, so it is best to have a knowledgeable New York family law attorney advise you on what the best course of action should be for you. Call Sabra law Group today to book a confidential phone consultation at (646) 472-7971.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How to Handle Child Custody During the COVID-19 Pandemic

Child Custody During the COVID-19 PandemicCo-parenting and child custody can already be challenging but when you couple that with the COVID-19 Pandemic, it takes stress and uncertainty to a whole other level.

 

So much has changed because of the pandemic.  Most day-care facilities remain closed, forcing parents to quit their jobs or take on the additional responsibilities of having to parent and work from home with no outside assistance.  Many schools are still doing homeschool for the safety of the children and educational staff. What many parents are realizing is that what previously worked or was put in place regarding child custody no longer makes sense.  For many parents, it’s time to re-evaluate child custody and parenting and modify existing child custody orders/plans.

 

Questions About Child Custody During the COVID-19 Pandemic?

 

Are you wondering if you still have to comply with the custody schedule and order that was in place prior to the pandemic? The short answer is “yes”, however; any deviations made must be based on the best interest of your children.  Because the COVID-19 Pandemic has put many travel restrictions on the public as well as state to state quarantine restrictions, traveling out of state to see your child may not be feasible.  Instead of seeing your child in person, you may have to modify the order to be able to have video chats instead or if you are able to travel, to have an extended duration with your child in an effort to minimize the back and forth.

 

Another valid concern that many parents are having is the worry of exposing their child to COVID-19 at the other parent’s home if that parent works in a setting that makes it easier to contract the virus.  If you have genuine concerns about the safety of your child, then it is best to communicate that to your ex and figure out an alternative game plan.  In all fairness though, do not use the pandemic as an excuse to keep your child from your ex. 

 

Another option is to discuss a temporary agreement that revolves around the new nuisances that the COVID-19 Pandemic has brought upon.  If you are able to discuss a temporary agreement and come to an agreement, then it is important to also put the stipulations in writing.

 

If you are not able to come to amicable terms on your own, then it may be time to consider getting a New York Divorce Mediation Attorney involved who can help you both come up with a temporary agreement that best meets the needs of your child or children.  Even with the assistance of a mediation lawyer, it is essential to be flexible and accommodating with your ex-spouse when it comes to child custody.

 

Contact Sabra Law Group today at (646) 472-7971 for assistance with handling child custody during the COVID-19 Pandemic.