Hudson Valley Child Custody Lawyer

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• Source: https://www.nycourts.gov/courthelp/Family/custody.shtml

If the parent with physical custody wants to move somewhere that affects the other parent’s visitation, they must have permission from the other parent or the court before moving.

You can request permission from the court to relocate with your child by filing a custody modification petition with the help of the child custody lawyers in Hudson Valley at Letterio & Haug, LLP.

In cases involving custodial arrangements where a child lives with one parent most of the time, the other parent can spend time with their child on certain days. This is known as “visitation” because the parent spends less parenting time with the child. This right stems from a parent’s right to maintain a close relationship with their children. A parent’s visitation rights are typically outlined in a visitation schedule that either the parties prepare or the court determines in a child custody case.

No. A parent’s right to maintain a relationship with their children and spend time parenting them is not conditioned on their child support payment history. As a result, a parent may not deny another parent’s right to spend time with their child because they have otherwise failed to pay child support. A parent who does interfere with another person’s custodial or visitation rights may be subject to legal sanctions, possibly risking their own custodial rights under the existing custody agreement.

Yes. A party can ask the court to modify the terms of an existing child custody order upon proof that there was a substantial change of circumstances since the court rendered its custody order. If you are on good terms with your former spouse, discuss the matter and try to hash out an agreement that works for both of you. That said, even if you agree to the changes you discuss, you must have the court’s approval to ensure it serves the best interests of the children. If you cannot work on an agreement with your former spouse, you can petition the court for a modification.

Below are some circumstances in which a judge may grant modification of custody order:

• One parent is relocating
• Parent or someone in a parent's household is abusive
• A parent's work schedule changed
• A child’s needs changed due to health, age, or other reasons
• A parent is not complying with the current child custody order
• There is a change in one of the parent’s ability to provide for the child

• Show that you are responsible and involved: If you have a temporary custody order in place, make sure you stick to it and avoid skipping scheduled visitation. Show you are reliable and responsible by picking up and dropping off your children on time. Additionally, if your children partake in afterschool activities, attend them to show you are engaged in their lives.
• Make sure your home is safe and supportive: The home environment you provide for your children must be safe, loving, and supportive. If other individuals frequently visit your home, vet them. Anyone with a felony or a history of drug use should not be invited into your home. It would also be unwise to invite a new romantic partner to live with you or spend the night until after your divorce is finalized.
• Exhibit good character: Showcasing good character is also crucial in a child custody case. Arguing with your ex in public or disparaging him or her to your children are not examples of showing good character. No matter how angry you are, a judge will not view this in a favorable light.
• Work with your attorney: Your divorce attorney is looking out for you. However, to provide the services you need, it is essential for you to be entirely honest and avoid omitting important details. Regardless of the shame you might feel regarding some of the parenting mistakes you made in the past, you need to share them with your attorney. Lying will harm your chances of obtaining the custody arrangement you desire.
• Do not be an uncooperative co-parent: Family courts generally believe the continued involvement of both parents is in the best interests of the children. If a judge believes you are being unsupportive of your children’s relationship with your ex, you will feel the negative consequences of it in court.

Typically, either parent may receive custody of their child. One parent’s right to custody is not greater than the other parent’s right. However, the right to the care and custody of a minor child is not limited to parents. In certain circumstances, nonparents—such as grandparents, relatives, and others—can obtain custody of a child if doing so would be in the child’s best interests.