Before you dive neck-first into a custody battle, you should understand how much of an emphasis is placed on co-parenting in New York. Parents are strongly encouraged to allow their children to see the other parent and to honor the time-sharing schedule they have decided.
If you fail to show an interest in allowing your children to meet with their other parent this reflects very poorly on you through the eyes of the court and may affect the amount of time you get to spend with them. However, it is especially important to note that if you have a reason to prevent your kids from seeing their other parents, you have every right to restrict their access.
For instance, if one parent is very physically and emotionally abusive towards the children or if the parent went to the moral and criminal low of sexually abusing their own child then you have a right to prevent them from seeing the kids.
However, if the only reason you do not want your children to meet with the parent is because of the divorce and dispute you have between each other, this is looked down upon by the court as it is almost always in the best interest of the child to grow up with both parents in their life, whether they are living together or not.
If you decide to provide false evidence of your children being abused by the other parent, you can lose complete custody of your children. The law highly encourages parents to protect their children from the negative effects of the divorce and if parents purposely bring their kids into it then they can lose time with their children as they show they are not morally fit to be raising them.
Deciding time-sharing and parental decision making in Queens, New York
When a custody battle is bought to court, the judge will decide both the time-sharing schedule and the ability of each parent to make decisions for their children. Time-sharing refers to how much time and what dates the child will spend with one parent as opposed to the other. Parents may get an equal amount of time or they may get weekdays with one parent and weekends with another depending on the work-schedules and capabilities of both parents.
If the safety of the child is an issue, then supervised visitation may be ordained in which the parent can visit their child but only in the presence of other people.
If you are going through a divorce and you need the assistance of an attorney to prove that the other parent is not safe for the kids to be around, you should get in touch with a divorce attorney as soon as possible. A lawyer can help you gather the required evidence to prove the harm the other parent caused you and your children and they can help you present your case in front of a judge to maximize your chances of getting custody.
Get in touch with a divorce lawyer at the Law Office of Charles Zolot today to get the help you need.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640