As most Americans adapt to a new reality in the wake of the Coronavirus (COVID-19) pandemic, in particular social distancing, mandatory business closures and work from home, school closures, job layoffs, shortages of food and essential supplies, etc., there are lot of questions that need to be answered. For the first time in a long time, many of us are having to take care of our children (and maybe even perhaps our parents or grandparents) full-time.
Coronavirus Impact on Child Custody Orders
If you are not married or in an intact relationship with your children’s other parent, you may have a Child Custody Order and are wondering whether or not you have to send your children to visit the other parent. If you are the noncustodial or nonresidential parent, you may fear that you are going to go a prolonged period of time without seeing your children if the Federal or New York State governments issue a mandatory quarantine or stay in place order.
Coronavirus Impact on Child Support Orders
If you have a Child Support Order and you lost your job or your hours were cut back and you are starting to struggle to make ends meet, you may be asking whether or not you have to continue to pay child support. Conversely, if you rely on child support to care for your children, provide for their support, food, clothing, shelter activities, etc., you may be afraid that the other parent is going to stop paying altogether.
In this article, we answer the foregoing questions, as well as others you might have surrounding your Child Custody and Child Support obligations at this unprecedented time.
Domestic violence is, unfortunately, a common theme in divorces. The National Coalition Against Domestic Violence reports that 1 in 7 men and 1 in 4 women have been the victim of domestic abuse. While being sensitive to victims of violence is of the utmost importance, not all accusations of domestic abuse are truthful. In some cases, one spouse will attempt to gain control over the other by alleging abuse. The state acts quickly to remove perpetrators of violence from the home in an effort to protect victims, making it easier for a disingenuous spouse who wants to keep the marital home or gain sole custody of their children to do so without much of a fight.
Here’s what you need to know about how to prove your case of false allegations.
Contrary to popular belief, drug use isn’t something penalized by family courts, even when illegal. A family court will not issue criminal charges but may forward the case to a prosecutor if deemed necessary, usually in clear instances where more than personal use is suspected. Rather, the primary consideration behind drug testing is ensuring the wellbeing and best interests of any children involved. If drug use is highly suspected, family courts will order testing to confirm and take appropriate action to reduce harm to the child, including but not limited to suspending child custody and visitation rights until a drug rehabilitation program has been completed successfully.
Child custody matters are difficult enough without adding distance to the mix. Unfortunately, many Long Island families must deal with exactly that. Navigating family legal issues when two parents live in different states requires a special set of rules that differ from those related to custody cases where the parents and child all live in the same state. Here’s what you need to know about long-distance child custody. (more…)
“Timesharing” your children after a divorce can get dicey during school breaks and holidays. Work schedules shift, the kids are at home, and family events seem to occur every weekend (or more). Navigating child custody and visitation during this time can be challenging — here are 5 tips to help you get a handle on it.
#1. Start the Conversation About Child Custody and Visitation Early
It’s common for ex-spouses co-parenting on Long Island to disagree about many aspects of raising their child post-divorce. When it comes to your child’s education, however, the stakes are raised because their long-term future may potentially be impacted. Here’s how you can handle disagreements about your child’s education with your ex-spouse and how to get help from an experienced Long Island divorce lawyer.
Establish Who Has Legal Custody
First and foremost, it’s critical to understand who has legal custody of your child. It may be either you or your ex-spouse, or you may share legal custody. Be aware that legal and physical custody are not the same; if you have sole physical custody, you may still share legal custody.
In cases of joint legal custody, both you and your ex-spouse must agree on your child’s education. If you don’t, this becomes a contested issue that requires resolution either via mediation or litigation. If only one parent has legal custody, they can make decisions about the child’s education even if the other parent disagrees. (more…)
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.
02:25 07 Mar 20
After meeting with 3 different lawyers, we felt Robert understood us best and he genuinely had our best interests at heart. This helped us resolve a few minor issues in a timely fashion and make a potentially stressful situation go more smoothly.Thank you
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly
I have known Robert for more than 8 eight years. Robert has represented many of my family and friends. Each and every one has raved about Robert’s professionalism and expertise. He is knowledgable, friendly and truly cares about his clients. I would not hesitate to continue to refer Robert and his firm in the future!
I’ve known Robert for most of my life, and feel very fortunate that I have been able to turn to a good friend for various kinds of legal advice. He is very intelligent, straight forward, and professional. Most importantly though, Robert always finds the fastest resolution, and will not waste your time or money. He is NOT in the habit of dragging things through litigation if there is no need for the added expense. I have referred a few of my friends to Robert, and they have all been more than satisfied in their experience with him. Highly recommend!!