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How Does the Coronavirus (COVID-19) Pandemic Affect My Child Custody or Child Support Order in New York?

How Does the Coronavirus (COVID-19) Pandemic Affect My Child Custody or Child Support Order in New York?

child custody and support

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.

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How Can I Prove Domestic Violence Accusations are False?

How Can I Prove Domestic Violence Accusations are False?

child custody and support

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.

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Drug Testing Impact on Custody, Visitation in Long Island Family Court

Drug Testing Impact on Custody, Visitation in Long Island Family Court

child custody and support

If you’re involved in a divorce, child custody, or child support case, drug testing may be involved either for yourself or your ex, or both. Here’s what you need to know about why Long Island courts order drug tests, how they’re conducted, and when you should reach out for help from an experienced family law attorney.

Why Drug Tests Are Used in Family Court

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.

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How is Interstate Child Custody Handled on Long Island?

How is Interstate Child Custody Handled on Long Island?

child custody and support

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…)

5 Tips for Navigating Child Custody During School Breaks

5 Tips for Navigating Child Custody During School Breaks

child custody and support

“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

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How to Handle Child Education Decisions After Divorce

How to Handle Child Education Decisions After Divorce

child custody and support

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…)

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