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How Student Loan Forgiveness Will Impact Divorced People

by | Nov 8, 2022 | Divorce Long Island, NY

Divvying up debt in a Long Island divorce can be tricky, especially when there are consolidated student loans involved. The Biden administration recently passed the Joint Consolidation Loan Separation Act, which allows divorced couples who consolidated their student loans to again separate them and resolve them individually.

Students may also apply for loan forgiveness through the Biden-Harris Administration’s Student Debt Relief Plan, which may eliminate some or all of the money owed. Here’s what to know about the new student loan forgiveness program and how to navigate getting a divorce when you co-own debt with your ex.

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The Process of Getting Child Custody Back

The first step in getting your child custody back of on Long Island is to file a petition with the appropriate Nassau County or Suffolk County court. This may include a proposed parenting plan. If your child’s other parent has custody, they must be served with the petition and will have an opportunity to respond. If the State of New York has custody, the process may be a little different.

Once the paperwork has been filed, you will need to go to court for a hearing. The judge will hear evidence from both sides and make a decision about whether or not you can regain custody or visitation time based on the best interests of the child. They may consider factors like whether or not you can provide the child with a stable environment and if you completed any parenting classes or coursework required by the court.

Remember that there is no guarantee that you will get custody of your child back just because you want it or think you deserve it. The court has it’s own specific requirements. Ultimately, it is up to the judge to make the final decision. That said, if you are not happy with the judge’s decision, you have the right to file an appeal.

Tips for Successfully Regaining Child Custody

If you were stripped of your child custody rights, getting them back can be an uphill battle, regardless of the reason your child was removed from your care. It may seem impossible at first, or like the system is out to get you. Rest assured that the far majority of judges want to reunite children with their families and will work with you to help make that happen.

#1. Be Prepared

When fighting to get custody of your child back it’s important to be as prepared as possible by knowing the law and how it applies specifically to your case. An experience child custody attorney can help guide you here. You should also have all of the documents and evidence needed to support your case in a secure place accessible only by you and your attorney. Prepare for a long and difficult emotional journey and reach out ahead of time for support and guidance from friends, family, and a counselor or therapist.  

#2. Be Honest

It’s also important that you be honest throughout the process. This means being honest with yourself, your lawyer, and the court. Honesty is essential in demonstrating that you are fit to be a parent and that you are sincere in your desire to regain custody of your child. The court will take your honesty into consideration when making a decision about your case.

#3. Be Persistent

Finally, be persistent in pursuing custody of your child. This may mean appealing a negative decision or continuing to fight for your child’s rights even after you’ve been awarded custody. Whatever the case, it is important not to give up on your goal of regaining custody of your child. There are bound to be disappointments ahead, but there will likely be things to celebrate, too. And if you persevere, the end result is more likely to be better overall.

How a Seasoned New York Divorce Attorney Can Help You

One of the most important things you can do after losing custody of your child is to reach out to an experienced family attorney for legal help. Any mistakes along the way cost a lot at this point and you can’t afford to permanently lose custody as a result of simple paperwork errors or missing a deadline. Your attorney can help guide you through the many steps of satisfying court requirements without any mishaps.

Hornberger Verbitsky, P.C. is a veteran Long Island family law firm that can help you fight zealously for your child to come back home to you where they belong. Contact our office today to schedule a consultation by dialing 631-923-1910 or completing our short online form below and we’ll get right back to you.

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From the minute my now x-husband and I met with Robert, we both felt comfortable and confident that he and his firm were a great fit for our "gray divorce". Divorce is unsettling but the firm and the confidence, consideration and responsiveness made this very challenging time much easier to navigate. I am grateful for the whole team at Hornberger Verbitsky. Reasonable competent and fair to both my "x" and I. I would not hesitate to recommend them to anyone needing legal representation. Patty is also the "bomb" she was always kind and patient with me, which was a blessing during this very difficult life changing time.
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Robert has been my attorney for 14+ years. Through the years he has taken every call, and responded to every email, even when we were not dealing with an active court matter. Most recently, he, and his amazing team, did everything to see me through a lengthy and draining child support modification. His experience with Divorce, and Family Court, matters makes him extremely knowledgeable; therefore, if he doesn’t feel you can benefit from an action, he will advise you as much. He is not in this business to charge you fees just for the sake of making money. He will listen to you, take your feelings into consideration, and then take the time to explain how the Law works. The Courts do not care about your feelings but he, and his entire firm, genuinely do care about you AND work to obtain the best possible outcome! All the while, truly understanding these matters are very difficult to go through emotionally AND the financial impact they have on you. I highly recommend Robert and his firm… you will not be disappointed.

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