Custody

How to Prepare for Child Custody Mediation in New York

No issues are more sensitive in a divorce than those related to child custody. Holding a child custody mediation in New York is a constructive and positive means of resolution. Here are some thoughts on how to prepare for this important negotiation.           

1. Open Your Mind

A child custody mediation is not the place to air grievances against the other parent. Instead, it's the perfect time to address the best interests of your child. This means that it is imperative that you approach the process with an open mind rather than being determined to "win."

2. Put Your Children First

It might seem desirable to find a way to punish the other parent by trying to keep the child from them, but is that really best for your child? It's almost always better for children to have healthy contact with both parents, even if that contact has to be supervised.

3. Come Up with Some Custody Ideas

Be prepared with your schedule and your child's schedule before the mediation session. Draw up a few ideas of what you think your child custody agreement should look like. However, be prepared for the possibility that the agreement you eventually come to may not look exactly like any of the ideas you had. Mediation is a process of give and take. Your former spouse and the mediator may have some useful ideas that can be incorporated into your proposals.

4. Don't Focus on the Other Parent

A child custody mediation in New York is not the place for a character assassination or another round of "he said, she said." Address your concerns about the other parent in terms of what your child needs. If you're worried that your former spouse has anger management issues, then stress your child's need for a calm and peaceful environment. If you're concerned that the other parent is too permissive, then talk about the importance of structure and predictability for your child. These are far more constructive and helpful things to focus on than what may be perceived as the other parent's character flaws.

5. Be Willing to Take a Time Out

When things get tense, ask for a break. This keeps your head calm and clear so you can continue to negotiate in the best interests of your children.

Contact the Sabra Law Group today at 646-472-7971 to learn more about child custody mediation in New York.

Manhattan Divorce Mediator Discusses Why Mediation Works for Couples with Children

The whole idea of divorce gets complicated with children. Custody of the children after divorce is one of the most sensitive issues in any divorce process. Deciding which of you will take custody of the child is invariably difficult, especially if a third person will have to make that decision for you.

Divorce Mediations Shield Children

In litigated divorce, arrangements for child custody will be decided by the court. Children, depending upon their age and maturity, may be involved with the process and may be required to be interviewed by the court. Too often, sensitive issues on their relationships with siblings, parents and relatives will have to be recollected. This is true when there is a history of child abuse and domestic violence. The process tends to be more painful for children.

In divorce mediations, parents decide the child custody for themselves. A Manhattan divorce mediation lawyer understands that only the parents know what is best for their children. He or she will guide you to make the right decisions compliant with Manhattan divorce and family laws. You can feel reassured and confident that the decisions that you make concerning your children are for their best interest when you work with a specialist familiar with similar situations that have determined what is optimal for the family.

A Manhattan divorce mediation lawyer will help you arrange for child support and the future education of your children, depending on the capacity of the spouses. All of these issues will be discussed privately and confidentially. You do not have to expose your children to the court process. We know that simply being in court is stressful for young children.

Divorce Mediations Allow Customized Parenting

Divorce mediations allow couples to select the terms of custody like visitation, education, health and support of their children. Couples make the decisions together that affect their child’s future.

You could choose either sole or joint legal custody. Sole legal custody allows one of the spouses to make major decisions for the child while joint legal custody allows both to make big decisions. Day to day decisions concerning the child however may be made by the spouse with whom the child resides.

In any case, visitation rights are awarded to the non-custodial parent. A Manhattan divorce mediation lawyer could advice you on the terms of visitation that will provide maximum quality time with the child. Divorce mediations allow you to customize how to go about parenting even after separation. Parents are given the hands-on say on how to plan their children’s future.

Schedule a Consultation with a Manhattan Divorce Mediator Today

Let a Manhattan divorce mediation specialist guide you how to have a hands-on parenting arrangement even after divorce. Contact Sabra Law Group today at (646) 472-7971.

 

 

 

New York Divorce Mediator Discusses Divorce Mediation vs. Court Litigation

Litigated divorce could be extremely expensive. While couples may choose to resort to litigation due to expectation of organized proceedings in the presence of lawyers, litigation may not always be so. Litigation could even lead to protracted meetings which might aggravate existing conflicts between couples.

With the expense involved, time consumed and tension-generating meetings, it is not surprising that more and more couples in New York are resorting to mediations as their alternative to a litigated divorce.

Why couples prefer divorce mediations?

First, divorce mediations take less time (generally) than adversarial proceedings in court. It involves fewer meetings mediated by a divorce mediator. Too often, litigations are prolonged due to circumstances beyond the control of the couple (i.e. postponements, full court calendar). With mediation, only the presence of the couple and the divorce mediator is required. Presence of counsel for each of the parties is optional. Without intervention of numerous parties, mediation produces more rapid results.

Second, divorce mediation conferences are held privately. Discussions of the couple, their children during the mediation sessions are held in private. Couples are more free to express themselves and talk about more sensitive issues like parenting and child custody and money, assets and finances more freely than in court. Additionally, schedule and venue of these conferences are flexible and are agreed to by the couples and the mediator.

Third, divorce mediations offer the same results at a fraction of the expense of a litigated divorce. Mediation sessions are typically fewer in number than court appearances. This is because the issues are discussed and progress is made during the mediation sessions, whereas in court, motions are filed, hearings are held, and then there is wait time for the court’s ruling. In fact, no pleadings are to be prepared in mediation other than a mediated settlement agreement. Hence, decisions are reached more quickly enabling the couple to move toward a written settlement agreement more quickly as well.

Often, couples are forced to resort to litigation expecting that legal fees will be shouldered by the other. However, not all divorce-related expenses are chargeable against the marital “community fund”. Couples must remember that any divorce-related expense (if chargeable) will ultimately lessen the fund to be split and shared.

Fourth, divorce mediations allow the couple more control over all aspects of divorce. The divorce mediator simply facilitates the meetings to allow the couple to make mutually beneficial decisions.

Schedule a Consultation with a New York Divorce Mediator Today            

Thinking about resorting to mediation? Let an experienced New York Divorce Mediator further explain to you the benefits of mediation. Contact Sabra Law Group today at (646) 472-7971.

Manhattan Child Custody Lawyer Discusses How Communication is Key to a Peaceful Divorce

Manhattan Child Custody Lawyer

 

Do you find yourself thinking about getting a divorce but thinking how it could affect your child? Marriages often end due to lack of communication. It does not have to be true when ending one.

Mediation is an alternative to court-based divorce that allows divorcing couples to reach an agreement in an atmosphere of respect and cooperation. In Manhattan where couples are usually bound by personal obligations not to mention demanding work and business schedules, mediation works best since sessions can be scheduled at a mutually agreeable time, rather than the court’s schedule.

Mediation sessions allow the couple a separate time to think about and plan their own and their child’s future in a way that could impact less their finances, properties and their children’s lives. Mediation forces the couple to make time to talk, encouraging communication and thus the process usually takes a lot less time than having it in court.

Making an Informed Choice                                         

While divorcing couples could be sure of getting a divorce, they may be unsure how to go about it, specially with children’s future at stake. When children are involved, divorcing parents usually have the tendency to be protective over their children’s emotions and this could affect the entire divorce mediation process. The process could take longer and more expensive when spouses do not agree on custody of the child. It is important that the children’s best interest is secured. Choosing a neutral divorce mediator who is a specialist in child custody and family law is encouraged.

Child Custody and Support in Manhattan

New York state laws provide guidelines on child custody and support. It is important to carefully select a divorce mediator who knows the specific guidelines applicable in Manhattan child custody law. All aspects of custody, including visitation and support, should be taken into consideration by the lawyer. Note however that not all cases call for child custody mediation as when there is domestic violence or child abuse.

Child custody is incorporated in divorce settlement paperwork. A certified specialist in Manhattan child custody law could assist the couple to agree on terms of custody and visitation that could work well with the family. Terms of support could be discussed through the assistance of the lawyer without having to sacrifice the needs of the child and finances of the couple. Mediation allows the couples control over and plan their child’s future in an atmosphere of trust and confidentiality.

Schedule a Consultation with a Manhattan Child Custody Lawyer Today

Start planning your child’s future today and take comfort in having an experienced specialist Manhattan child custody lawyer who can guide you based on New York state laws.  Contact Sabra Law Group today at (646) 472-7971.

Upward and Onward

Upward & Onward Book LaunchWhen things in life feel hard or low, how do you handle it?  Do you keep to yourself and stay in, not wanting to be around others?  Do you hit the snooze button repeatedly to delay the start of your day and avoid facing the reality of what’s really going on?  Do you find things to keep yourself busy so that you don’t have to think about or deal with life’s stresses?

How you handle the routine daily stresses can have an impact on your day, your job and your loved ones.  And, if your world is being turned upside down by a traumatic life event such as Divorce in New York, it can be exacerbated and be even more stressful. 

You may be familiar with how you handle stresses around work, home, money or relationship because you have had many opportunities to face these and deal with them. However, you probably do not have much experience dealing with Divorce and so you might be worrying and stressing yourself over many questions –

Questions about division of assets and debts, visitation, and support?

 

 

And you might have other concerns regarding religious divorces, annulments, what to do with any real estate or businesses?

And what professionals you might need to speak with who can help you through this process.

If you are like the many couples who divorce each year, you might be online and trying to do research about what you can do, how you can protect yourself and what your rights are.

And that can take many hours to research – and much of the information online is misleading and may not be applicable to your situation.  And friends and family share their opinions which may be well intentioned and likely not applicable to you.

Wouldn’t you like to find your answers all in one place, without wondering if the information is accurate and without having to spend hours and hours of heart wrenching time pouring over hundreds of internet pages hoping to find something that can help?

Here is your answer…..

In December 2015, a book was published called Onward and Upward: Guide For Getting Through New York Divorce and Family Law Issues which is a wonderful resource.  (Sabra R. Sasson Esq. of Sabra Law Group, PLLC wrote four sections of the book).  It is complete with information about anything you might ever want to know about getting divorced in New York and other family issues.

It is not intended to be read through from cover to cover, but as a resource.  We understand that every situation is different, just as every person is different, so too will your Divorce.  You might be concerned about custody and visitation (and you will find answers on pages 87 and 107), or you might want to understand what could happen to your home in divorce (see page 313), or perhaps you might want to consult with a divorce coach (see page 411), psychotherapist (page 419) or what will happen to the family pet (page 361).  Maybe you are interested in understanding whether you can get your marriage annulled (page 273). 

As you can see, this book covers more than what can be described here in this article and if you are going through divorce, this just might be the resource you need to get you the answers to whatever is keeping you up at night.  The cost of this book is far less than it is costing you in lack of sleep, hours and hours of online researching, getting misinformation from well-intentioned friends and family.

You can purchase your copy of the book here.

And, if you have an urgent issue that can’t wait for when you get the book in your hands, please contact Sabra Law Group, PLLC today at 646-472-7971.  We have been helping couples and individuals get their questions and concerns answered quickly and in a way that you can understand for a decade and we can help you get through their divorce in New York.  Visit our website and contact our office today.

Manhattan Child Custody Attorney Discusses Child Custody in New York

Manhattan Child Custody AttorneyManhattan child custody attorney Sabra Sasson discusses child custody laws in New York.   In the state of New York neither parent has a preferred right to child custody.  Either parent has the right to file for custody of their child.  

Factors That Determine Who Gets Custody of The Child

In order to file for custody in New York, the child must have lived in New York for at least six months, otherwise, you must file in the state the your child has lived in recently for at least six months. 

  • The court will not give preferential treatment to the mother.  The court will make it’s decision based on what is best for the child.
  • The court will evaluate who the primary caregiver of the child is
  • The parent who has physical custody of the child when the custody paperwork is filed may have a slight advantage over the other parent based on the court’s interest to not change or disrupt the child’s environment
  • Many other factors are also considered such as: the home environment, siblings, amount of time the parent can be available to the child, and if there is any domestic violence involved

Both Parents Can Have Joint Custody in New York

Joint custody only works when both parents can put their differences aside and decide to get along for the sake of the child.  Once both parties have agreed to joint custody, it is difficult to change later, so make sure that you will be able to have a relationship that fosters open communication and cooperation. 

Can Child Custody or Visitation Be Changed?

Child custody or visitation can only be changed if there is a life-changing event that impacts the child’s best interests.  If the parent that has custody wants to move far away and it impacts the other parent’s visitation, it may be necessary to get approval from the court in order to move.  It is best to discuss your case with an experienced Manhattan child custody attorney. 

For more information about child custody laws in New York, contact Sabra Law Group today at (646) 472-7971.  

In addition, Sabra Sasson Esq is the co-author of a recently released book in which she wrote several chapters one of which discusses parenting plans.  You can pick up your copy of the book Onward and Upward: Guide for Getting Through New York Divorce & Family Law Issues by clicking here.  Here is a code for 10% discount: Y38YZ5EX.

 

 

 

 

 

 

 

 

 

 

 

 

Manhattan Divorce Mediator Discusses The Importance of Cooperation in Divorce Mediation

Manhattan Divorce MediatorDivorce mediation is only effective if both parties cooperate with each other.  The overall concept of divorce mediation is based on the foundation of being reasonable, transparent, and upfront.  Of course, one’s idea of what is reasonable may differ from others. However, it is the role of the divorce mediator to assist in helping both parties to understand each parties’ interest and generate ideas for possible solutions.

In addition, the role of a divorce mediator is to stay neutral while listening and eliciting the perspectives of both parties.  An experienced divorce mediator will help the parties to generate their own solutions to a problem by identifying the problem, possible solutions and the importance of each possible solution to each party.  This way when the parties make a decision together as to how to solve the problem, they reach a resolution that works for both of them, which is different from making decisions based upon each party compromising and giving something up. 

An important aspect of cooperation means that you take some time to gather the appropriate documents and paperwork that may be required in the mediation process.  Any paperwork pertaining to finances or financial insight is a good place to start: retirement accounts, stocks, bonds, investments, bank accounts, real estate appraisals, and mortgage statements. 

Another important consideration is to acknowledge what your “non-negotiables” are and being prepared to discuss those openly with your Manhattan Divorce Mediator. 

Dealing with a divorce can be a stressful time for both parties as well as the children, although, remaining calm during the process will help you think clearly.   It is important to not make any harsh decisions during mediation, if you are stressed out during the decision making process, it is best to take a moment and carefully evaluate any major decisions that will impact your future as well as your children’s future.

Manhattan Divorce Mediator Offers Free Consultation

If you want additional information about cooperating during divorce mediation or would like to discuss your case, contact Sabra Sasson at Sabra Law Group today for a free consultation today at (646) 472-7971.

Manhattan Child Custody Lawyer Discusses Drafting Child Custody Arrangements

Manhattan Child Custody Lawyer Discusses Drafting Child Custody Arrangements

Child custody is one of the most common contested issues in most divorce cases, which is why the assistance of an experienced Manhattan child custody lawyer is an indispensable part of the process. A parent seeking a custody arrangement needs an assertive advocate to fight for the best interests of their child. It's a difficult process and one that may require a great deal of time. However, it's a fight that most parents don't hesitate to take on.

New York law focuses directly on the welfare of the child. Either parent may apply for custody, and the court will consider many factors before rendering its decision. Some of these factors may include past behavior, which is considered a predictor of future action, and expert testimony. Your Manhattan child custody lawyer can help you determine how to approach an equitable and appropriate custody arrangement.

Most separating or divorcing couples request some kind of shared or joint custody arrangement. Nonetheless, there are situations when sole custody by one of the parents seems like the most appropriate arrangement. Whether joint or sole custody is being sought there is still a great deal of room for negotiation, compromise and even contention.

New York courts make a distinction between legal and physical custody. Parents who agree to a joint legal custody arrangement share equally in major life decision affecting their child. These decisions may relate to the child's education, their religious upbringing, medical care and social activities. Having joint physical custody usually means that the parents have the child under their care in approximately equal amounts. However, any parent who will be providing primary care for the child more than half of the time may be designated as having primary physical custody. This may grant the primary custodial parent certain decision-making rights unless a separate agreement has been made with the other parent.

Even when parents share custody, New York law allows that child support may be paid to the custodial parent by the non-custodial parent. The state defines a formula used to determine how much that support will be.

New York child custody cases are complex, but this complexity allows for many creative solutions. An experienced family law attorney understands that there are rarely one-size-fits-all answers in these situations, and will work to craft a customized arrangement that works. Contact Manhattan Child Custody Lawyer Sabra Sasson at 646-472-7971 to learn more about your options.

Manhattan Child Custody Lawyer Discusses Types of Child Custody in New York

Manhattan Child Custody Lawyer Discusses Types of Child Custody in New York

Divorce is hard on children. Everything they are familiar with changes. As a parent, you ache for them. You wish you could reassure them, but it frightens you that a New York court has a say in what happens next. A knowledgeable Manhattan child custody lawyer at the Sabra Law Group can guide you through New York’s custody laws. 

New York has two types of child custody: legal custody and physical custody. Each type of custody carries different responsibilities. A parent has legal custody when the parent makes important decisions about the child. Such decisions may include medical care, religion, and education. Usually parents share legal custody although one may have final say. 

A parent has physical custody when the child lives in the parent’s home. Parents can also share physical custody. This is called joint custody. 

Sometimes parents agree about child custody. When they do, the judge may listen to testimony from both parents, then enter an order without requiring a formal hearing. If you and the other parent have agreed on child custody, before you approach the court, check with a Manhattan custody lawyer to make sure you have covered all legal aspects. 

When parents do not agree, the court orders a hearing. The standard in a New York court is the “best interest of the child.” Toward this end, a court examines many factors about each parent such as, mental and physical ability, work schedule, and capacity to cooperate with the other parent. If the child is older, the court may also consider the child’s wishes. A skilled Manhattan child custody lawyer can help explain what to expect in a formal hearing. 

Mediation can be a valuable, less expensive alternative to a hearing. At the Sabra Law Group our trained mediators can help you put together a parenting plan that works for your family. We can help you find a way to communicate that helps make your custody arrangement amicable.

Child custody is a difficult, emotional process. A savvy, caring Manhattan custody lawyer can help guide you. With years of experience in New York divorce courts, the Sabra Law Group can help you do what is best for your child.  Contact our office at 646-472-7971

Brooklyn Child Custody Lawyer Discusses Joint Custody

Brooklyn Child Custody LawyerDetermining If Joint Custody Is A Good Idea For Children Or Not:

The most important factor for children's well being during and after divorce is limiting the amount of conflict between parents.  Children desire to have love and approval from both parents and need to have a peaceful environment to feel safe and secure. 

Due to the fact that children need the support and presence of both parents in their lives, family courts in New York City and across the nation have been encouraged to order joint custody arrangements (except in circumstances where joint custody would not be in the best interest of the child).  Even though joint custody certainly has its benefits, there are situations in which joint custody can be a drawback.

One of the disadvantages for some children is that they feel torn, and having to rotate from one home to another for the purposes of visitiation only amplifies the situation of separate living arrangements.  

When children are put in the middle of parents who do not get along, a joint custody arrangement may not be in the best interest of the children. An essential part of parenting requires effective communication and cooperation amongst both parents – and we provide a 7 week parenting course which teaches parents effective parenting techniques.  

Brooklyn Child Custody Lawyer Offers a Free Consultation On Joint Custody Arrangements

If you are facing divorce and have children, child custody and visitation arrangements can be some of the most difficult matters to work through during the divorce process. It is imperative that you hire a Brooklyn child custody lawyer that has the best interest of the children in mind.

Contact Sabra Law Group today at today at 646-472-7971 to schedule your free consultation on joint custody arrangements or any other divorce and family law matters.