Many people in New York whoare getting divorced are understandably anxious about their custody arrangements during the coronaviruscrisis. Our firm is open and we are offeringremote consultations. We can answer your questions and help you figure out whatto do during this difficult time. Contact us to learn more.
NassauCounty Divorce Lawyer – Your Child’s Interests
Splitting with the parentof your child is always difficult, but when child custody is involved, itbecomes even more complicated and emotional. Most of the time, both parents want to spend as much time as possible with their child and want an equal say in important life decisions. Meeting everyone’s needs while keeping your child’s best interests at heart can be a challenge.
Sometimes what is best fora child is not black and white. Families are unique, so it’s important to havean experienced divorce lawyer on your side when child custody is involved. Our attorneys at understand the stress of child custody cases and will guide you through the process while advocating for your parental rights. Deciding on which divorce attorney to hire? Thiswill help!
WHO GETSCUSTODY OF THE CHILDREN IN A NEW YORK DIVORCE?
Ifyou and your spouse are able to come to agreement regarding custody of yourchildren in the event of a separation or divorce, you can outline these terms in a custody agreement. This contract should provide a detailed outline of how major decisions are to be made for your child, including what holidays, birthdays, vacations and other events the children would spend with each parent.
If you and your spouse are unable to agree on custody, you may have to involve thecourt. Some couples may find mediation or collaborative law helpful to work out conflicts. If you still cannot come to agreement, the courts will make a final custody ruling based solely on the best interests of the child. Today, many judges strive to award equitable joint custody when possible, so that both parents can have significant parenting time with their child.
THE DIFFERENT TYPES OF CHILD CUSTODY
Thereare two types of custody that Nassau County courts award – legal and physical.Legal custody is the right to make decisions about a child’s education, health and religion. Physical custody refers to the schedule of when the children will be with each parent. The parent who has the child with him or her more nights than the other will have primary physical custody. The court will dictate the parenting schedule based on what is best for the child (or children).
WHO PAYS CHILD SUPPORT IF WE HAVE JOINT CHILDCUSTODY?
Injoint custody situations, one parent still has to pay child support, asprescribed by the New York Child Support Standards Act. Usually, the non-primary custodial parent pays money to the primary custodial parent. In cases where there’s an equal split of time between both parents, the parent with the higher income is generally considered the non-custodial parent for the purposes of child support. Your New York divorce lawyer can explain more.
CAN MY NYC CHILD CUSTODY ORDER BE CHANGED ORMODIFIED?
Ifyou find that your child custody order no longer suits your or your child’slife circumstances, you may need to file for a child custody modification order. Our lawyers can help you determine the best course of action when you have a substantial change in life circumstances.
CAN MY EX MOVE OUT OF THE STATE WITH OUR CHILD?
Ifyour child custody agreement permits it, your ex-spouse may be in violation ofthe contract if they move out of state. Your divorce decree should have all the terms of the custody agreement spelled out, including what happens if one parent moves. If you or your ex-spouse want to relocate, consult an attorney as soon as possible.
WHATHAPPENS TO MY PARENTING AND CUSTODY AGREEMENTS DURING THE CORONAVIRUS CRISIS?
Parents are struggling tofigure out how to handle parenting arrangements during this time of change.Some parents live in a state or city with a “stay in place” order, while others have elderly or immunocompromised relatives to care for. No matter what your situation is, it’s important to understand how COVID-19 can impact custody and parenting arrangements.
Every family law case is different. The New York court system is currentlylimited to emergency applications, so guidance from judges may be difficult toobtain. However, our family law attorneys are here for you. We are keeping up with all legal developments concerning coronavirus in New York. If you have questions or concerns about your custody arrangements, contact our firm. Our attorneys remain available for phone and video consultations. They can answer your urgent questions about how to best protect and parent your children during this incredible time.
