Who Gets Custody of Adopted Children on Long Island, NY?

Who Gets Custody of Adopted Children on Long Island, NY?

Who Gets Custody of Adopted Children on Long Island, NY?

When you make the decision to adopt children into your family, the last thing you expect is to wind up getting divorced. But for any number of reasons, including the stress of adoption, compiled with other issues in the relationship, can cause your marriage to deteriorate and you wind up on the path to divorce. If you’ve found yourself in this situation, you’re not alone. Many adoptive parents experience the crumbling of their marriages soon after their adoption goals have been reached, which is even more distressing after a family finally achieves the growth for which they’d been working, sometimes for years.

Below, we explore who might be entitled to custody of an adopted child on Long Island, NY, what factors are considered in determining which party gets custody, and how to get in touch with an experienced New York divorce attorney to help you through the process.

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Entitled Parties in Adoption Custody Cases on Long Island, NY

Depending on your situation, more than two parties may be entitled to consideration for custody and/or visitation. This includes the child’s:

Biological Parents

Biological parents are typically considered the first entitled party in an adoption custody case because they are the child’s natural guardians and have a pre-existing legal relationship with the child. For example, in cases where a divorcee has adopted their spouse’s child from a previous relationship, courts will generally give more weight to the biological parent versus the adoptive parent.

However, there are circumstances under which a biological parent may not be considered for custody, such as if they abandoned their child or were found unfit to care for them.

Adoptive Parents

Adoptive parents are also entitled to custody and visitation, particularly when the child’s biological parents aren’t in the picture. Adoptive parents have the same legal rights and responsibilities as biological parents, including the right to make decisions about the child’s upbringing and education. If both parents are adoptive and are getting divorced, a court will evaluate which parent is the most suitable for primary physical and legal custody.

Grandparents

Grandparents may be entitled to custody in certain circumstances, such as if they have been actively involved in raising the child and/or if the biological or adoptive parents are unable to care for them. Grandparents may also be favored over other relatives if they can provide a more stable home environment for the child.

Other Relatives

Other relatives, such as siblings or cousins are less likely to be awarded custody than grandparents or other close relatives because it can be difficult to prove that these relatives have a strong enough bond with the child or that they can provide a better home environment than other individuals with more custody rights can offer.

Factors Considered in Determining Adoption Custody Cases on Long Island, NY

When determining which party is the best fit for the custody of an adopted child, courts use the same factors as they do when assessing custody for a biological child whose parents are getting divorced. The child’s best interests are always prioritized, meaning that any decision made regarding custody must be in line with what would best promote the child’s physical, emotional, and mental health and well-being.

These factors include things like how old the child is and what developmental stage they’re at, what kind of relationship the child has with their biological and adoptive parents, the ability of each potential custodian to provide for the child, and the location and stability of each potential custodian’s home environment. Courts also take into account any mental health or physical disabilities potential custodians may have, and if there have been any past instances of domestic violence or drug abuse in the home.

Legal Representation in Adoption Custody Cases on Long Island

Having experienced legal representation in an adoption custody case is essential to help you navigate the complex legal system, ensure that your rights are protected, and give you the best chance of success in court. When choosing an adoption custody lawyer, make sure the attorney has specific experience with these types of cases.

You can expect a veteran family lawyer to provide you with honest and straightforward advice about your case. At Hornberger Verbitsky, P.C., we will work tirelessly to advocate on your behalf and protect your rights throughout the legal process. If you have any questions or concerns, we can answer them in a timely manner. Call today for a consultation at 631-923-1910 or fill out the short form on this page.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

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Divorce Lawyer Long Island New York
Google Review of divorce longisland
Karol Andrade
Karol Andrade
17:07 14 Mar 23
Professional, patient and kind. Made the process easy.Patty is amazing. She's the go to person.Thank you all for your help!
Courtney Clark
Courtney Clark
21:36 27 Feb 23
AnneMarie of Hornberger Verbitsky handled my uncontested divorce. She went above and beyond to make sure I understood all of my options and the way the process would work. She was thorough, quick and easy to communicate with and answered all my questions. AnneMarie made a very difficult time a little bit easier. I would recommend their services to anyone seeking an uncontested divorce.

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Top Strategies to Stop Parental Alienation on Long Island, NY

Top Strategies to Stop Parental Alienation on Long Island, NY

Top Strategies to Stop Parental Alienation on Long Island, NY

Divorce is always difficult for all involved, but it can be hardest on the children who have no say in what is transpiring between their parents. While the divorce may be inevitable, parents can go the extra mile to work together to co-parent their children with time, effort, and dedication. Ideally, parents will put their children, and their needs, first and foremost.

Not all divorces go this way though, and many turn contentious. When this happens and children are involved, one parent may attempt to turn their children against the other parent. Regardless of whether or not the other parent is successfully ostracized, it can have devastating consequences on the child and the family. This phenomenon, known as “parental alienation”, can tear families apart and leave everyone involved feeling hurt and alone.

If you’re concerned that your family might be heading down this destructive path, it’s important to know how to stop parental alienation before it starts. Early intervention is key, so pay attention to signs that your child is being manipulated by one parent against the other. And if you’re already caught in the middle of an alienation dynamic, there are still things you can do to protect yourself and your relationship with your child. Here’s what to know.

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The Problem with Parental Alienation

Parental alienation occurs when one parent attempts to undermine the relationship between the child and the other parent. This behavior can take many forms, from badmouthing the other parent, lying about them and their actions or motivations, to outright denying them access to the child.

The consequences of this type of behavior are severe. Children who are subjected to parental alienation manipulation can suffer from emotional distress, behavioral problems, and difficulties forming and maintaining relationships themselves as adults. In extreme cases, parental alienation can lead to estrangement, which means the child completely cuts off contact with the targeted parent.

Early Intervention Is Key to Stopping Parental Alienation

The earlier you can intervene in parental alienation, the better. By catching the behavior early, you may be able to prevent the alienation from becoming more severe and damaging.

Talk to your child about their relationship with the other parent. Ask them how they feel and encourage them to express any concerns they have. Although this may be difficult in a contentious contested divorce where you angry and fighting with your ex, it’s important to put the child’s needs ahead of your own and encourage a healthy relationship between your child and the other parent, regardless of how you feel about them. This includes making sure they’re spending time together, that you’re talking positively about the other parent, and constructively resolving conflicts.

What Happens If You’re Being Alienated?

If you think that you might be a victim of parental alienation, there are a few key signs to look out for. First, see if there is a sudden and unexplained change in your relationship with your child. If you used to have a close, loving relationship and now your child seems distant or even hostile, this could be a sign the other parent is succeeding at parental alienation of your relationship.

Other signs include:

  • Your child repeating negative things about you that they couldn’t possibly know on their own
  • Your child refusing to spend time with you or telling you that they don’t want to see you
  • Your child bad mouthing you to other family members or friends
  • Your child making false accusations against you

Strategies To Stop Parental Alienation

Parental alienation can be emotionally devastating to the one being alienated and the child. If possible, try to have an adult conversation with the other parent about what’s going on and how it’s negatively affecting your child and their future. It’s important to stay calm and avoid accusing them of anything. Instead, simply express your concerns and ask if there’s anything they can do to help improve the situation.

Counseling may help you deal with the pain and anger you’re feeling while also giving you practical tools for dealing with the situation. It may also help to talk to someone who’s been through something similar. There are many online forums and support groups for parents dealing with parental alienation. Talking to others who understand what you’re going through can help ease the feelings of isolation and loneliness that often come with this type of situation.

In some cases, legal action may be necessary. If there is evidence that the other parent is deliberately trying to turn your child against you, a restraining order may be appropriate. Or, you may benefit from filing for full custody.

Call an Experienced Long Island, NY Divorce Lawyer for Help with Parental Alienation Issues Today

It’s important to remember that parental alienation is a serious problem that can have lasting consequences for both children and parents. If you’re concerned about parental alienation, the best thing you can do is to seek help from a professional as soon as possible.

Contact Long Island divorce lawyers Hornberger Verbitsky, P.C. for a free consultation to discuss your case and legal strategy by dialing 631-923-1910 or fill in the short form on this page.

 

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

All Fields Are Required

* indicates required
Divorce Lawyer Long Island New York
Google Review of divorce longisland
Karol Andrade
Karol Andrade
17:07 14 Mar 23
Professional, patient and kind. Made the process easy.Patty is amazing. She's the go to person.Thank you all for your help!
Courtney Clark
Courtney Clark
21:36 27 Feb 23
AnneMarie of Hornberger Verbitsky handled my uncontested divorce. She went above and beyond to make sure I understood all of my options and the way the process would work. She was thorough, quick and easy to communicate with and answered all my questions. AnneMarie made a very difficult time a little bit easier. I would recommend their services to anyone seeking an uncontested divorce.

Successful Divorce Strategies Free eBook
divorce questions answered
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

What is ‘Bird’s Nest’ Custody & Is it Available in NY?

What is ‘Bird’s Nest’ Custody & Is it Available in NY?

What is ‘Bird’s Nest’ Custody & Is it Available in NY?

If you’re considering divorce and have children, you may have heard the term “Bird’s Nest Custody” and wonder if it’s an option on Long Island, NY. Or, perhaps you’ve never heard of this type of child custody and are interested in learning how it works. Discover bird nesting, how to know if it’s right for your family, and how an experienced Long Island divorce attorney can help you understand your custody options, which one is right for your family and make sure your rights are protected.

Divorce Attorney Consultation

What Is ‘Bird’s Nest Custody’ & How Does It Work?

Bird’s nest custody refers to a situation where, after the divorce, the children remain in the family home and the divorced parents take turns living there. This allows the children to have stability and continuity in their daily lives, while still having access to both parents.

There are a few different ways that bird’s nest custody can work in practice. In some cases, the parents alternate living in the family home every week. So, for example, Parent A would live in the home with the children from Monday to Friday, while Parent B would live elsewhere. Then, on Friday evening, Parent B would move into the family home and stay there until Monday morning when Parent A moves back in.

In other cases, one parent may live in the family home full-time while the other parent has an apartment nearby. The parent who is not living in the family home will typically visit on weekends and during weeknights.

The arrangement can also be made around the parents’ work schedules or social commitments. For example, if one parent works nights and weekends while the other has a more traditional 9-5 job, they may switch off living at home accordingly.

Benefits of Bird’s Nesting for Children & Parents

There are many potential benefits of bird’s nest custody arrangements. First and foremost, it offers children more consistency during a time of upheaval and change. It also makes it easier for the child to maintain a quality relationship with both parents post-divorce.

Another potential benefit is that it can make co-parenting easier as there is no need to coordinate pick-ups and drop-offs of children between households. This can be especially helpful if parents live far apart from each other or have difficulty communicating with each other.

It can also help save money, since only one household needs to be maintained for the children instead of two separate homes.

Does Long Island Allow Bird’s Nest Child Custody?

In New York, bird’s nest custody is not specifically recognized by state law, nor is it a prohibited arrangement. If this is something you’re interested in, you have the right to discuss these arrangements with your ex and pursue this type of custody. However, courts have the discretion to approve or deny such arrangements depending on whether or not they’re in the best interests of the children involved.

How to Decide If Bird Nesting Is Right for Your Family

There’s no one-size-fits-all answer to whether bird’s nest custody is right for you and your family. If you are considering this as an option for your divorce, there are a few things you should keep in mind. First, it’s critical to make sure that both you and your ex-spouse are on board. This type of custody arrangement can be emotionally challenging, and both parents must be committed to making it work.

Another issue that’s important to consider is whether or not your children are old enough to fully understand the boundaries in a bird’s nest arrangement. If your children are very young, they may find it confusing. Of course, very young children often find the whole concept and arrangements of divorce confusing. On the other hand, older children often find it easier to understand and may prefer this type of arrangement, since it allows them to have a stable home life even though their parents aren’t married.

Finally, you should also think about whether or not you and your ex can afford to maintain two households for your children. In a traditional child custody arrangement, each parent has their own home where the children alternate spending their time. Bird nesting allows parents to pay for only one family home, and the other can stay in a small apartment or with a roommate. This is often much cheaper than the alternative.

When You Need a Consultation with a Long Island, NY Divorce Lawyer

If you think bird’s nest custody might be right for you and your family, reach out to an experienced Long Island divorce attorney to help you understand the legal implications of this type of arrangement and navigate the complex logistics involved in making it work. Call Hornberger Verbitsky, P.C. today for more information at 631-923-1910 or fill in the short form on this page.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Long Island Divorce Lawyers Robert Hornberger and Christine Verbitsky

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

All Fields Are Required

Divorce Lawyer Long Island New York
Google Review of divorce longisland
Karol Andrade
Karol Andrade
17:07 14 Mar 23
Professional, patient and kind. Made the process easy.Patty is amazing. She's the go to person.Thank you all for your help!
Courtney Clark
Courtney Clark
21:36 27 Feb 23
AnneMarie of Hornberger Verbitsky handled my uncontested divorce. She went above and beyond to make sure I understood all of my options and the way the process would work. She was thorough, quick and easy to communicate with and answered all my questions. AnneMarie made a very difficult time a little bit easier. I would recommend their services to anyone seeking an uncontested divorce.

Successful Divorce Strategies Free eBook
divorce questions answered
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.

How to Get Child Custody Back on Long Island, NY

How to Get Child Custody Back on Long Island, NY

How to Get Child Custody Back on Long Island, NY

Everyone is capable of making mistakes. But when those mistakes involve your children, the stakes are very high. If you find yourself in the situation of having lost custody of your child, you may be frightened, angry, or even embarrassed. But it’s possible to get custody back with time and effort. Here’s what you need to know about the process and what you can do to improve your chances of success.

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What to Know About Court-Ordered Parenting Classes in New York

What to Know About Court-Ordered Parenting Classes in New York

What to Know About Court-Ordered Parenting Classes in New York

In some child custody cases, parents are ordered to take mandatory educational courses by a judge. Many parents are concerned when this happens and are unsure of what steps to take next. Here’s what you should know about court-ordered parenting classes in New York and how a veteran New York family lawyer can help.

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Who Makes Medical Decisions in NY Child Custody Cases?

Who Makes Medical Decisions in NY Child Custody Cases?

Who Makes Medical Decisions in NY Child Custody Cases?  

 

 

 

Who Makes Medical Decisions in NY Child Custody Cases?

When two parents decide to end their relationship, many decisions must be made regarding their children’s health and welfare. Which parent the child stays with, who has visitation, and which parent can make medical decisions for their child depends on what the parents agree upon or what a judge decides. Let’s explore the latter aspect of child custody cases below.

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10 Tips to Improve Visitation With Your Kids in NY

10 Tips to Improve Visitation With Your Kids in NY

10 Tips to Improve Visitation With Your Kids in NY

 

 

10 Tips to Improve Visitation With Your Kids in NY

If you have children with someone who you later decide you don’t want to spend the rest of your life with, custody and visitation quickly become a critical issues. How you handle child custody and visitation matters with your ex not only impacts you, but it also has a significant influence on the wellbeing of your children. Here are 10 tips to improve visitation with your children on Long Island, NY and how an experienced divorce lawyer can assist you with legal matters related to your kids.

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Can Disproving Paternity Nullify a Long Island Custody Agreement?

Can Disproving Paternity Nullify a Long Island Custody Agreement?

How Does Paternity Effect Child Support & Child Custody?

Can Disproving Paternity Nullify a Long Island Custody Agreement?

Typically, paternity on Long Island is determined before a child custody or child support order is finalized. However, there are occasionally cases in which a temporary custody order has already been arranged and paternity is established later. In rare cases, a married couple may even find that the husband is not the child’s biological father later on in the marriage, sometimes years later.  

If a paternity test proves the father is not the child’s biological parent, will the custody order become invalid? Here’s what you should know.

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5 Things That Will Ruin Your Child Custody Case on Long Island

5 Things That Will Ruin Your Child Custody Case on Long Island

5 Issues That Can Kill Your Long Island Child Custody Case

5 Things That Will Ruin Your Child Custody Case

Your behavior can have a significant impact on child custody proceedings, particularly if custody has not been awarded or only temporary arrangements have been made. Here are 5 things that will compromise your Long Island child custody case and how to get help from a veteran New York divorce lawyer. 

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Which Spouse Makes Parenting Decisions After Divorce?

Which Spouse Makes Parenting Decisions After Divorce?

Which Spouse Makes Parenting Decisions After Divorce?

The state of New York holds that outside of extreme circumstances like domestic violence, both parents have the right to make important decisions about their child’s living arrangements, education, extracurricular activities, health care, nutrition and discipline. However, which decisions are made by which parent varies widely from family to family.

Here are some examples of what custodial and noncustodial parents can weigh in on and how parents can protect their legal rights to their child with the help of an experienced Long Island divorce attorney.

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