How to File for Grandparent Rights?

Grandparents can play a significant role in a child’s life, providing love, support, and guidance. Grandparents in New York have legal rights that protect their bond with their grandchildren. Being denied access to their grandchildren can put some grandparents in a difficult position. If you are a grandparent who is facing challenges in maintaining contact with your grandchild, it is important to seek the guidance of experienced New York grandparents’ rights attorneys.

At the New York Family Law Group, our attorneys understand the complexities of grandparents’ rights cases and may be able to provide legal advice to help you navigate the legal process. It is common for disputes to arise when determining child custody, so it is important to have skilled legal representation.

If you are considering filing for grandparents’ rights or have any related questions, such as under what circumstances can visitation orders be changed?, experienced New York grandparents’ rights attorneys at New York Family Law Group may be able to provide assistance. To schedule a consultation, contact us at (718) 293-1542.

Understanding Grandparent Rights in New York

If you are a grandparent, you might be curious about your legal entitlement to custody or visitation rights with your grandchild. In New York, biological or adoptive grandparents can ask the court to grant them the right to visit their grandchildren in some situations.

If one or both parents have died, grandparents may be able to request court-ordered visitation. Grandparents who have a significant pre-existing relationship with their grandchildren can also ask for visitation. Additionally, grandparents can seek visitation if the child’s parents have prevented them from building or keeping a functional relationship with their grandchildren.

It is important to note that great-grandparents or other relatives do not have the same legal rights as biological or adoptive grandparents. If the court grants visitation rights to grandparents, the visitation rights will typically be exercised during specific times and under specific conditions. The conditions of the case will be determined by the court based on its specific circumstances. Additionally, the court will always prioritize the child’s best interests when considering the grandparents’ visitation requests.

If you are a grandparent in New York seeking visitation rights or custody of your grandchild, contact the New York Family Law Group today to discuss your legal options. Our experienced attorneys may be able to provide you with the legal guidance and support you need to protect your relationship with your grandchild and achieve a positive outcome in your case.

The Role of Court Proceedings in Seeking Visitation

One common question that may arise for grandparents seeking visitation rights in New York is whether going to court is necessary to achieve their goal. The answer is that it depends. If a grandparent is unable to see their grandchild due to the parent(s) preventing it or if they are trying to form a relationship with the child that didn’t previously exist, they may need to go to court to get visitation rights. However, grandparents may be able to establish visitation outside of court in some cases.

Grandparents can request visitation rights for their grandchildren in certain situations, such as the death of one or both parents, or when there are exceptional circumstances. According to New York Domestic Relations Law § 72, grandparents can request visitation rights by submitting an application to either the family court or state Supreme Court. However, the court will consider the best interests of the child first, which includes taking into account the parent’s preferences, their reasons for objecting to the relationship, and their authority to make decisions regarding the child’s upbringing.

Grandparents in New York have the right to file for visitation rights if there has been a change in the legal relationship of the child’s parents due to a divorce, separation, or annulment. The court will examine the circumstances and what would cause the least disruption in the child’s life in these cases to determine whether visitation is appropriate.

Seeking legal counsel from experienced grandparents’ rights attorneys is recommended if you want to establish visitation rights with your grandchild in New York, even if reaching an agreement outside of court may be possible. Our team of New York grandparents’ rights attorneys can provide you with consultation, legal guidance, and representation. We can help you navigate the legal process and will work with you to protect your rights while ensuring the child’s best interests are taken into account. Contact New York Family Law Group today at (718) 293-1542 to schedule a consultation. 

What to Do When the Custodial Parent Objects

In New York, grandparents can request visitation rights in family court, but the court will only grant the request if it is determined to be in the best interests of the child. While the court recognizes the value of a grandparent-grandchild relationship, a parent’s objection carries significant weight in the decision-making process. It is worth noting that the law doesn’t guarantee grandparents visitation rights; rather, grandparents are allowed to ask the court for visitation because the state acknowledges the importance of these relationships in a child’s life.

To pursue visitation rights for their grandchild in New York, a grandparent must convince the court that they have a meaningful relationship with the child and that allowing visitation would be in the child’s best interest. If the custodial parent is against the grandparent’s visitation, the burden of proof is on the grandparent to demonstrate these factors to the court. The grandparent must provide evidence supporting their claims, such as photographs, videos, letters, or any other documentation showing the grandparent’s relationship with the child.

When deciding on granting grandparents visitation rights, the court takes into account various factors. These factors include the age and health of the child, the child’s overall well-being, and the nature of the relationship between the grandparent and the child. Additionally, the court evaluates the reasons why the custodial parent opposes the visitation and any other relevant information. The court may deny the request for visitation rights to grandparents if it determines that it would not be in the child’s best interests. It is important to have an experienced New York grandparents’ rights attorney who can guide you through the legal process and help you present a compelling case to the court.

If you are a grandparent who wants to petition the court for visitation rights or is facing opposition from the custodial parent, contact New York Family Law Group today to schedule a consultation with one of our experienced New York grandparents’ rights attorneys.

Steps to File for Grandparent Rights in New York

To get visitation rights as a grandparent, you must submit a petition to the appropriate New York county court where your grandchild resides. The petition should outline the grounds for your request, including the nature of your relationship with the grandchild, the alleged interference with visitation, and the suggested visitation schedule. Once the petition is submitted, the court will notify all relevant parties, such as the child’s parents and any other individuals who have sought custody. In some cases, the court may choose to assign a lawyer to represent the child’s interests to guarantee that their opinion is taken into account.

Grandparents seeking visitation rights must demonstrate to the court that they have an existing relationship with the child, or that the parent/guardian has intentionally and improperly prevented one from being established. If one or both parents are deceased, the determination is automatically made under New York state law. Once legal grounds for visitation are established, grandparents must convince the court that it is in the child’s best interest to spend time with them.

It is worth noting that animosity between parents and grandparents often arises in court cases, but this alone is not enough to deny a request for court-ordered visitation. The court will take into account the parents’ preferences and weigh various factors, such as the family structure and the child’s everyday living situation.

If you are seeking to file a petition for visitation, it is essential to work with a qualified New York grandparents’ rights attorney who can guide you through the complex legal process. Contact the New York Family Law Group at (718) 293-1542 for a consultation with one of our experienced attorneys.

Working with a New York Family Law Group Attorney

Filing for grandparents’ rights can be complex and emotionally challenging, especially if you are dealing with a difficult family situation. Working with an experienced New York Family Law Group attorney may be able to help you navigate the legal system and protect your relationship with your grandchild.

At the New York Family Law Group, our attorneys have years of experience helping grandparents assert their rights in family court. We aim to provide you with the support and guidance you need during the legal process. Our firm is knowledgeable about the complexity of grandparents’ rights law in New York. When you collaborate with us, our firm invests time in understanding your particular case and creating a customized plan to meet your needs. We work with our clients every step of the way, assisting and offering advice to ensure that they are able to make informed decisions about their case.

Our law firm’s attorneys prioritize the best interests of our clients and their families. We recognize the emotional challenges that can arise from family disagreements and work diligently to help attain a favorable resolution that minimizes the impact on your daily routine.

If you are a grandparent seeking legal help in filing for grandparents’ rights, you can schedule a consultation with one of our lawyers at the New York Family Law Group by calling (718) 293-1542.

source https://www.newyorkfamilylawgroup.com/blog/how-to-file-for-grandparent-rights/

How Important Is Father’s Day To Your Custody And Visitation Agreements?

Father’s Day is a day for children to celebrate the special bond created between a father and son or daughter. While some might consider it a Hallmark holiday, it has become a very important day in crafting your custody and visitation agreements. Even if you are not bound by an agreement or court order, having a plan in place to address the day should be thought out based on what is in the best interest of the children. 

Before you make any decisions, it is important to speak with a qualified New York City child custody lawyer. A skilled attorney may also be able to help you understand legal custody and your roles and responsibilities as a parent. 

Generally speaking, there are several ways to craft the day into your parenting agreements. It may involve changing or swapping weekends with the other parent or even carving out part of the day so that father and child can have a special day together. If your case is still pending, a judge may consider this as a factor in determining who is the appropriate custodial parent. The parent who is able to promote a healthy relationship with the other party becomes a positive quality when making this type of decision.

Even though you may not be together with your ex, your kids may need help to celebrate the day with dad. Especially for younger children, this may mean helping them make or buy a card or a small gift for their father. While this is probably the last thing you will want to do for your ex, you should consider what message it will send to your children in having a healthy relationship with their father if you don’t. And for the fathers, if you forgot this tip for mother’s day, it should your first thought next year. 

New York divorce attorney

Parenting Rights of a Father

Once someone files divorce papers, the judge will give temporary custody to either of the parents. The temporary custody arrangement will be in effect until the final divorce papers are filed. At that point, the judge will make a permanent custody decision.

Many fathers are too passively letting the legal process go by without understanding that temporary custody orders could easily become permanent custody orders. This is why it is important for fathers to ask for temporary custody by themselves, or keep in touch with their children. It is a fundamental right for fathers to be able to see their children after a divorce. However, many fathers lose contact during the process of their divorce and that makes it seem almost inevitable that the mother would get custody of the children after the divorce.

Talk to your divorce lawyer about seeking temporary custody of your children. It does not matter whether you are the one who initiated your divorce or if it was your spouse. Obtaining temporary custody of your children may also be able to help you obtain permanent custody. If you decide not to seek temporary custody, you should create an action plan that will allow you to stay in contact with your children. 

If you have questions about visitation, parenting time, child custody, or parenting plans, we encourage you to give our office a call at (718)-293-1542 or contact us online to speak with one of our experienced child custody attorneys.

source https://www.newyorkfamilylawgroup.com/how-important-is-fathers-day-to-your-custody-and-visitation-agreements/

Parenting During A Divorce – Helpful Tips And Advice For Divorcing Parents

If you and your spouse have decided to end your marriage, it’s important to discuss child custody and take steps to provide a stable environment for your children. At New York Family Law Group, our experienced New York divorce lawyers take a holistic approach to family law, and our goal is to help our clients put their children’s needs first. In this blog, we’ll take a look at a few tips that may be useful as you navigate child custody and parenting during your divorce proceedings. Additionally, it’s important to understand how to prepare your finances when facing divorce.

1. Tell Your Children About The Divorce Together

First, make sure you and your spouse break the news to your children together. Be prepared to answer any questions they may have. Presenting a united front and reminding your children that both parents love them can be very helpful when first breaking the news about a divorce.

2. Create A Stable Environment At Home For Your Kids

Regardless of the circumstances of your divorce, your kids need a stable home environment. Make sure to keep them connected to their friends, family members, community, and support systems. Do your best to keep your lifestyle similar to how it was before the divorce.

3. Come Up With A Plan For Parenting Time 

You and your spouse will need to come to a voluntary custody arrangement and determine parenting time before your divorce is finalized. If you cannot agree to this, you will need to go to court to file for temporary custody orders. 

This process is a lot easier if the two of you can come up with a mutually agreeable voluntary custody arrangement. Note that temporary custody orders may change once the divorce is finalized and a permanent parenting plan has been created. 

4. Know How To Deal With A Difficult Co-Parent

First, avoid discussing adult issues with your child, even if your co-parent is doing that. If your ex is acting immaturely, do not stoop to their level. Leave the arguments, conflicts, and issues related to your marriage in the past – because they are in the past. 

Also, avoid engaging in contentious arguments with your ex. It also may be a good idea to keep track of all of your interactions with the other parent. related to custody, keeping appointments, visitation, and more. This may help build your case in court if your ex-spouse is being difficult. You should also consult with a Bronx family lawyer at New York Family Law Group to protect yourself and your kids.

5. Learn How To Successfully Co-Parent After A Divorce 

Once your divorce has been finalized, remain polite with your co-parent, and do your best to keep your issues in the past and put your kids first. 

There are a lot of resources you can turn to in order to learn how to successfully co-parent after a divorce, such as books, video courses, and online resources. This article from Parents is a good place to start and has 7 great recommendations on co-parenting after divorce.

New York City family lawyer

6. Provide Emotional Support

Providing emotional support to children during a divorce is a critical aspect that should not be overlooked, as it can significantly impact their emotional well-being. As a responsible parent, it is crucial to prioritize your child’s needs and ensure that their emotional state is taken care of. It is imperative to communicate with your children and convey that the divorce is not their fault to prevent them from experiencing feelings of guilt or conflict. Consistently offering emotional support throughout the entire process is essential, as it can help your children cope with the situation and reduce the negative impact of the divorce on their emotional and mental health.

7. Don’t Hesitate To Ask Questions

Divorce can be a complex and challenging process, both from an emotional and legal standpoint. It is understandable that there may be aspects of your case that you do not fully comprehend, and seeking clarification is essential. While you do not need to be a legal expert, it can be beneficial to enlist the services of a knowledgeable attorney to ensure that everyone involved is on the same page. A skilled family law attorney can provide invaluable assistance during this difficult time, but it is crucial to clear up any potential confusion as soon as possible. By seeking clarification, you can fully understand the legal process and make informed decisions that align with your best interests.

Get The Help You Need From A Bronx Family Lawyer – Contact Us Today! 

At New York Family Law Group, Martin Mohr and Ethan Steward specialize in helping parents and kids move forward after divorce. With the help of a family lawyer, you can get through this part of your life, and move toward a brighter future for yourself, your kids, and your ex-spouse. Contact us today at (718) 293-1542 to get started.

source https://www.newyorkfamilylawgroup.com/blog/parenting-during-a-divorce-helpful-tips-and-advice-for-divorcing-parents/

If a Parent Goes To Jail Do They Lose Custody?

Being convicted of a crime in New York can have severe consequences not only for the defendant but also for their family. Aside from the emotional and financial toll of criminal proceedings, a person’s life, reputation, and even personal relationships can hang in the balance.

Criminal convictions can significantly impact not only your personal liberties but your rights as a parent as well. If you find yourself in this delicate situation, speaking with an experienced New York child custody attorney can be beneficial in ensuring that your parental rights are protected. Contact New York Family Law Group today at (718) 293-1542 to learn more about how we can help.

Parental Rights After a Criminal Conviction

Parents who are convicted of a crime in New York face the possibility of losing their parental rights. However, it is important to remember that certain conditions should be met before this happens. A parent cannot lose their parental rights simply because they were incarcerated. For parental rights to be terminated, the following conditions must be satisfied:

• If a child has been in foster care for 15 of the last 22 months, the foster agency can be allowed under federal law to file a petition for the termination of parental rights based on child neglect.
• Parents who have not visited with, communicated with, or attempted to communicate with their child for six months or more may be found guilty of abandonment which is grounds for termination of parental rights.
• Parents who are incarcerated may have their parental rights forfeited if the other parent of their child files for sole custody. As an incarcerated parent, their defense may be hindered by the fact that their incarceration can be used as an argument to grant sole custody to their co-parent.
• The state of New York can file a petition for the termination of parental rights in cases where the conviction was incurred due to serious charges such as murder or manslaughter.
  

A person’s parental rights cannot be forfeited just because of being incarcerated. Foster agencies in New York are allowed to delay filing a petition for termination when a parent is incarcerated or in a residential drug treatment program. Agencies are also required to inform parents of options for foster services as well as their rights and responsibilities.

If a parent is required to pay child support or spousal support and is then incarcerated, speaking with an experienced New York spousal support and child support attorney is crucial to ensure that there is no conflict regarding an existing spousal or child support order.

Protecting Your Parental Rights

Defending your parental rights after you have been convicted of a crime can be accomplished through understanding the law and your responsibilities. The following may help ensure that your rights are protected:

Communicate and Remain Amicable With Your Co-Parent

Being on bad terms with your co-parent can give them further reason to file a petition for sole custody. While it is understandable to have some disagreements, it is important to remember that you should always put your child’s best interests first and compromise especially when their well-being is at stake. Having a civil relationship with your co-parent can decrease the chances of a custody dispute happening and they may even be willing to help you retain your parental rights if they see that you prioritize the welfare of your child over any disagreement.

Entrust Your Child’s Well-Being to a Guardian

Having your child stay with a relative, your co-parent, or another trusted adult who can serve as a guardian such as a friend would not count as staying in foster care. Hence, the requirement of staying in foster care for 15 months to be eligible to file a petition for termination of parental rights would not be met. It is important to choose a guardian who will look after your child well and who you can also maintain a good relationship with. If the acting guardian refuses to give your child back, you may face a possible custody dispute. 

Arranging for a trusted adult to act as your child’s guardian can be advantageous as you would have an easier time maintaining communication with and visiting your child when possible.

Make a Consistent Effort To Communicate With Your Child

To avoid being accused of and found guilty of abandoning your child or of child neglect, you must make a consistent effort to contact and communicate with them either through visitation or through letters and phone calls. It is also wise to begin making efforts to contact your child and to keep documentation of each attempt and successful communication. If your attempts to contact your child are denied by their caretaker, caseworker, or foster agency, you should also include it in your documentation.

Work With a Skilled New York Family Law Attorney

A qualified attorney can help you understand your rights and responsibilities as an incarcerated parent especially when it comes to retaining your parental rights. As an incarcerated parent, you have the following rights regarding your child in foster care:

• The right to visitation – even if you are incarcerated and your child is in foster care
• The right to know of your child’s placement reason and to identify family members or trusted individuals who can act as your child’s support resources while you are incarcerated
• The right to representation by an attorney in Family Court
• The right to know your child’s caseworker and to be in contact with them
• The right to receive assistance pursuing reunification with your child
• The right to participate in planning for your child’s future
• The right to provide input on and to receive a copy of the permanency plan

The help of an attorney is also crucial in modifying an order of protection in case your co-parent has one against you. Your defense attorney may be able to change it to a limited order of protection or have the modification subject to family court approval. In the latter case, you may be able to file for visitation rights in family court yourself or seek the help of an attorney in filing a petition on your behalf.

The matter of your parental rights shouldn’t be left up to chance. Getting the help of a competent attorney who can assist you in understanding your rights and who has your and your family’s well-being in mind is crucial in ensuring that you will be able to retain the right to be a parent. 

At New York Family Law Group, top-rated New York family law attorneys Martin Mohr and Ethan Steward have the experience and skills necessary to defend your parental rights and custody in court. Our attorneys have helped New York parents who have been incarcerated retain their custody to allow them to continue to look after their children. Using their extensive legal knowledge of the law and the justice system, our family law attorneys have what it takes to assist you in your case. Call us today at (718) 293-1542 or fill out our online form for a consultation with one of our attorneys.

source https://www.newyorkfamilylawgroup.com/blog/if-a-parent-goes-to-jail-do-they-lose-custody/

Can You Change a Custody Order in New York City?

Even after a divorce is finalized and resolved, you may need additional legal help over the following months and years as your situation and circumstances change, or if your spouse violates or does not follow a court order.

At New York Family Law Group, we can help with a wide variety of issues, including pursuing child support violations, modifying spousal support orders, or working to modify visitation or custody agreements.

Contact us now to discuss your situation and get the assistance you need.

Can Divorce Orders Be Modified?

Yes. While divorce orders like child support, spousal support, visitation, and other orders are “permanent,” this does not mean they cannot be modified. The court is designed to allow modifications and changes to divorce orders as necessary.

The grounds for a modification depend on the situation and your divorce orders, but typically require one party to show a significant “change in circumstances.” For example, if one spouse paying child support gets a much higher-paying job, the other spouse may petition the court to modify the amount of child support accordingly.

To begin this process, you must file a petition with the court and provide proof of the change in circumstances, and then request a court modification of the order. The court will consider the evidence and the situation, then determine whether or not the order should be modified.

What About Child Custody Orders?

Child custody orders may also be modified after a final divorce decree. The typical requirement for modifying a custody order is showing a “substantial change in circumstances” for one parent or the child since the custody agreement was established. A substantial change in circumstances is something one or both parent could not anticipate at the time the order was issued. There are many variables as to what would be considered a substantial change in circumstance, which is why it is important to speak with an attorney.

How Can A Court Order Be Enforced?

The primary enforcement mechanism for court orders is to report to the court if a court order is violated. For example, if a child’s parent fails to pay their owed child support or fails to abide by the visitation and custody schedule, the other spouse would file a violation or enforcement petition with the court.

Essentially, this is a petition that is asking the court to enforce the order that’s being violated. The court will then hold a hearing to find if the court order was violated. If so, the responsible person could be held in contempt of court. This could result in fines, or even incarceration for up to 6 months, in some cases.

How Can An Attorney Help Protect A Court Order?

First, an attorney can help you understand the exact legal requirements and the language used in a court order, which ensures you know your rights and obligations after a divorce settlement, as well as potential penalties for violating the order.

Working with an attorney also makes it easier to file petitions with the court if a court order is violated. A New York family law attorney will know how to file the petition, provide evidence to the court, and ensure the other party either meets their obligations for child support, visitation, spousal support, and other such court orders, or faces the necessary legal consequences for violating them.

Contact New York Family Law Group For The Representation You Need

Whether you’re interested in modifying and changing a court order after divorce, or you need assistance pursuing your ex-spouse or your child’s parent for violating a court order, attorneys Martin Mohr and Ethan Steward can help.

The team at New York Family Law Group has experience in all aspects of family law and divorce law, including post-decree matters. We can provide you with the legal assistance and advice you need.

Contact us now for a consultation.

source https://www.newyorkfamilylawgroup.com/blog/can-you-change-a-custody-order-in-new-york-city/

What Are The Advantages (And Disadvantages) Of Joint Custody?

Judges in New York often favor joint custody arrangements when possible in divorce cases. However, joint custody is not always the best option. In this blog from New York Family Law Group, we’ll discuss the advantages and disadvantages of joint custody to help you determine if this arrangement might be right for you, your kids, and your ex-spouse. Before you make any decisions, it is important to speak with an experienced child custody lawyer. Call New York Family Law Group today at (718)-293-1542 to contact one of our family law attorneys.

Explaining Joint Legal Vs. Physical Custody 

First, it’s important to distinguish joint legal custody from joint physical custody. 

• Joint legal custody – This means that both parents share equal responsibilities for making decisions about childcare, schooling, religion, and other such life decisions.
  
• Joint physical custody – This refers to a child spending equal or nearly equal time residing with both parents – for example, spending 4 nights with one parent, and 3 nights with another. 

Joint legal custody and joint physical custody are awarded separately. For example, it’s entirely possible for one spouse to have sole physical custody, but for both spouses to share joint legal custody. 

The Advantages Of Joint Custody

Joint custody has some obvious benefits, which is why New York courts often seek joint custody arrangements between divorcing parents, when possible. 

• Both parents maintain a role in the child’s upbringing – Both parents spend the same amount of time with their child, and in the case of joint legal custody, they make decisions about the child’s life together.
  
• The child enjoys a more stable environment – When it works out well, a joint custody arrangement provides a more stable, peaceful living environment for the child.
  
• Splits up responsibility more equally – Because both parents are sharing the responsibilities, work, and expenses of childcare equally, this makes things easier for both parties.

The Disadvantages Of Joint Custody

Joint custody has some drawbacks, too. Here are a few reasons that joint custody arrangements don’t always work out. 

• Scheduling and planning can be difficult – When both parents share equal parenting time, a lot more coordination is necessary for transporting the child, planning pick-ups and drop-offs, and other such tasks. This can be very difficult for some parents, especially if they don’t get along.
  
• Arguments and conflicts often arise – If the parents have a contentious relationship, joint custody can actually make arguments and conflicts worse, since both parents have equal rights over the child. Kids also may be put in the middle of these arguments, which is not good for them.
• Kids have to move between homes frequently – Some children may have a hard time moving between two homes, since they may have to move personal possessions like school documents, sports gear, and other things each time they move between their parent’s homes.

Creating A Plan For Parenting Time

If you plan on seeking joint custody, one of the best things you can do is sit down with your spouse and work out a plan for parenting time. This plan will outline the time each spouse will spend with the child, who is responsible for transportation costs, how decisions will be made regarding the child, and other important information. 

What Other Options Are There?

If you do not share joint custody of your children with your ex-spouse, one parent or the other will be awarded full legal and/or physical custody of the children, based on the determination of the court. 

The specifics will vary depending on the court’s determination. However, the non-custodial parent will still have rights to see and parent their kids, usually including overnight visits.

How New York Courts Determine Custody

When determining legal and physical custody, the court might consider both the current arrangement and how it works. Additionally, they may take into account additional issues like each parent’s living situation, child’s wishes, ability to care for and support the child and provide emotional and intellectual support. They also look at each parent’s involvement in the child’s life to date and whether there have been any abuses. The court may also appoint an “Attorney of the Child” who will interview the child to determine what is best for them.

It is often difficult to amend agreements or judgments after legal and physical custody has been established. However, it is possible to modify such agreements or judgments if there are significant changes in the circumstances. Custody arrangements can have an impact on child support payments. The custodial parent may have the right to financial support to assist with child care. New York law establishes a formula that determines child support.

When Can A Child Decide With Which Parent He Or She Wants To Live?

Here are two things to remember about your child’s preferences: 

The court does not set a specific age when it will begin to consider the child’s preferences. While the court will usually give more weight to the child’s preferences the older they become, there is no threshold or cut-off when the court will start considering a child’s preferences.

While the child’s preferences might be an important consideration in a court decision, they are only one of many factors that a NY court will consider to determine what is in the child’s best interest.

NY does not have a specific age where a child can decide which parent they will live with. The child’s preference is only one factor that courts in New York will take into consideration when determining custody. However, courts in New York can only decide on the custody of a child until they are 18 years old.

Need Help? Contact A Divorce Lawyer At New York Family Law Group

At New York Family Law Group, we specialize in helping parents come up with mutually agreeable solutions for child custody. Our goal is to put your children first and break the cycle of divorce.

So don’t wait. Contact us online to schedule an appointment, and get the assistance you need as you come up with a joint parenting plan.

source https://www.newyorkfamilylawgroup.com/blog/what-are-the-advantages-and-disadvantages-of-joint-custody/

Ten Commandments For Parents In Custody Cases

Custody and Visitation cases have very emotional components involving your former partner. Even though you are no longer in an existing day-to-day relationship with that person doesn’t mean you won’t have to interact with one another. Your relationship is now very different and those feelings are not exclusive to you. Studies have shown that children share the impact of separated families. Before you make any decisions, it is important to speak with a qualified New York family law attorney. Call the New York Family Law Group at (718)-293-1542 to contact one of our experienced child custody lawyers.

The following are the “ten commandments” that have been adapted from a long-time colleague, Sam Doulberg, to help you understand a child’s perspective, what behaviors they do and don’t want to participate in during a court proceeding, and what you can do to minimize that impact in your case.

1. Put your child’s needs in the center of your thinking in all aspects of the proceeding.
2. Always respect the other parent when talking to your child. Never insult, disrespect or put down the other parent to your child or have other family members engage in this behavior Your child will resent this behavior.
3. If you are the primary caretaker, be generous in allowing the other parent or grandparent to spend time with your child. Your child will appreciate this behavior.
4. Never do things like recording conversations, posting to social media, or “live stream” with your children in order to enhance your legal position. This is likely to make things worse and this behavior stresses your child.
5. Never ask your child about what goes on in the other parent’s home. Children know when they are being used as “spies” and do not like it.
6. Never tell your child what they should tell their lawyer, known as the Attorney for the Child (AFC), A good AFC will see through this.
7. Never ask your child what they told their attorney. Like you, they should be able to have a confidential relationship with their attorney.
8. Consult with your attorney before speaking with ACS, Probation, a Forensic Examiner, Psychologist, or the Attorney for your child. Do not try to manipulate the result by calling ACS with frivolous allegations.
9. Compromise! Two parents in a custody dispute never get everything they want. A mediated or negotiated resolution will usually be better for everyone rather than traditional litigation.
10. Remember-There is life after a custody dispute. You are your child’s parent for life.

Other Helpful Practices in Custody and Visitation Cases

In addition to the “Ten Commandments”, getting additional help for your children can also be beneficial in managing the emotional toll of custody cases. A family counselor can help your child express their feelings and thoughts through talk therapy, play therapy, and other methods. Your children can talk to a therapist in a safe environment to express their emotions and conflicting feelings. They can also work out the best way to communicate what they want to say.

Ultimately, the main goal is to get through the divorce process and find a new path to happiness. If you can find a way for you and your ex to communicate civilly and productively with one another, you will be happier in the end. Your ex will always be part of your and your child’s life, whether you like it or not. It is better for all parties – for you, your ex-partner, and your children – to learn how to effectively communicate. If you think communication cannot be easily established between you and your ex, seeking the assistance of a family counselor or an experienced mediator can help. 

In a custody dispute, it is important to keep in mind that the highest priority should be to have the least amount of disruptions in your child’s life. Working actively with your ex can help in ensuring that your child can move past the difficulties of the divorce process as easily as possible.

source https://www.newyorkfamilylawgroup.com/blog/ten-commandments-for-parents-in-custody-cases/