In New York State, neither parent has preferential custody over the other; meaning without a custody order the child can live with either parent. Upon a case being opened, the courts will create an arrangement based on what they determine to be the best interests of the child. A mother can NOT legally keep her child away from their father unless zero visitation has been found to be in the child’s best interest. You don’t have to fight alone. Consult with an expert divorce lawyer in Suffolk County at Simonetti & Associates and we’ll help you reach a favorable conclusion to your case.
What if she violates our agreement?
If the courts have created an arrangement and your ex continues to not comply, it is time to take action. Get in touch with a divorce lawyer in Suffolk County, and then file a Violation Petition with the courts and prepare to testify with specific examples of intended violation. After a formal hearing, the judge can impose fines, possibly including your legal fees, and/or modify the visitation agreement accordingly to make up for the withheld time. It is rare, but in extreme cases where the child is completely withheld, the parent may face incarceration.
Can my child be moved away from me?
The custodial parent cannot under any circumstances relocate with your child without the court’s permission. Similarly to custody cases, a relocation case requires a judge to weigh the totality of all factors involved to determine an agreement that is in the best interest of the child. Items to be taken into consideration when talking with your divorce lawyer in Suffolk County may include:
- Each parents’ reasoning for wanting or objecting the move
- Relationship between child and parents
- Impact of relocation on the quantity and quality of the child’s contact with the parent
- Impact on extended family relationships
- The financial, emotional, and educational impact (whether positive or negative) of relocation on the child
- Feasibility for parent and child to maintain relationship and continue appropriate visitation
Will child support affect custody?
No, child support and custody/visitation do not have an impact on one another. Having issues with your custody agreement do not permit you to withhold support. At the same time, visitation cannot be withheld if you do not pay child support. However, this is not to say that failure to comply with child support payments goes unpunished. Unpaid support may result in money taken from tax refunds or bank accounts, suspension of your driver’s license, a substantial negative impact on your credit score, and even possible jail time – so still ensure you are on top of your payments!
Can my Visitation be Suspended?
For a noncustodial parent’s visitation rights to be suspended, it must be proven that continuing visitation would not be in the best interest of the child. This applies to cases with “exceptional circumstances” including drug/alcohol abuse, neglect, inability to provide adequate care, and abuse.
Establishing Your Rights with a Divorce Lawyer in Suffolk County:
If you believe your parental rights are being violated, don’t sit idly! Turn to Simonetti & Associates, a divorce lawyer in Suffolk County, to start building your case. Our experienced, compassionate team will walk with you every step of the way. Contact us today for your FREE consultation!
