Top Mistakes to Avoid During a Child Custody Case in NYC

In 2024, the divorce rate in the States was estimated at 40% - 50% for first marriages, and the crude divorce rate was around 2.7 (divorces per 1,000 people). 

Divorces can be tough, and especially when it involves delicate matters like child custody or support, it can be all the way more overwhelming. If you are a parent facing child custody challenges, you are not alone. Whether you are dealing with interstate issues, international custody disputes, or figuring out child support, having the right legal guidance can make a world of difference. 

So, without further ado, let’s talk about some common mistakes people make and how you can sidestep them with the help of a family lawyer in New York to protect your child’s best interests.

 

#1 Failing to Understand the Legal Process

If you think child custody is just about proving that you are the “better” parent, you are mistaken. Instead, it’s about meeting legal standards and presenting a strong case. This is why you need to reach out to a knowledgeable family lawyer who can guide you through the process, so you avoid legal pitfalls. With the right legal support, you will not miss any important deadlines, misunderstand court orders, or cause errors that could cost your custody or visitation rights.

 

#2 Speaking Negatively About the Other Parent

You cannot badmouth your ex, especially in front of your child. Judges in custody cases value cooperation and the ability to co-parent. So, if you are caught disparaging your ex, it might reflect poorly on you. Instead, focus on demonstrating your own parenting strengths, and let your child support lawyer in New York present your case professionally, so your emotions don’t derail your efforts.

 

#3 Overlooking Financial Obligations

Child custody cases and financial responsibilities often go hand in hand. If you’re dealing with issues like child support, it’s essential to understand laws like UIFSA (Uniform Interstate Family Support Act). Suppose your custody case involves parents living in different states. In that case, you’ll need an attorney who’s skilled in UIFSA interstate child support jurisdiction New York lawyer matters to navigate these complexities. Ignoring this can lead to delayed payments or enforcement problems, which could impact your custody case.

 

#4 Ignoring International Implications

If your divorce case involves cross-border issues, you need to consult an International child abduction lawyer HAGUE. International custody disputes are a massive aspect and many parents ignore this. For instance, one parent might want to relocate with the child outside the U.S. or return them to another country. If this sounds like your situation, don’t try to handle it alone; instead, leave it to the professionals.

 

 

#5 Letting Emotions Dictate Your Decisions

Divorce and custody battles can be emotionally draining, but acting impulsively or out of anger can harm your case. For instance, refusing to cooperate with your ex on visitation schedules could paint you as inflexible. Remember, courts prioritize what’s best for the child, and that often includes shared parenting responsibilities.

 

Need more help or want to consult seasoned lawyers for your child custody case, so you can avoid some common mistakes? Reach out to the team at Multi-Jurisdictional Divorce PLLC today!

 

Blog Source: https://multi-jurisdictionaldivorce.com/top-mistakes-avoid-during-child-custody-case-nyc/

How does the Hague Convention protect parental rights in New York?

 If you are a parent living in New York, what would you do when one day you realize your child has been taken to another country without your consent? Despite how terrifying this sounds, sadly this happens more often than we would like to admit. Especially in the case of international families going through a divorce, the truffle over child custody is real.  However’ here’s the good news, the Hague Convention on the Civil Aspects of International Child Abduction exists to help protect parental rights. With the aid of a seasoned international family lawyer in New York who understands how international custody cases proceed, you can protect your parental rights and ensure your kids aren’t uprooted from their lives without due process.

 

What is the Hague Convention?

In simple terms, the Hague Convention is an international treaty that offers a framework for resolving cross-border custody disputes. It’s not just about the custody battles; it’s also about ensuring that kids are returned promptly to their country of habitual residence if they have been wrongfully taken or retained.

 

A New York Divorce lawyer can use the HAGUE Convention rules to protect kids from the emotional turmoil of being caught in the middle of legal and parental conflicts across different countries, and the United States, including NYC is a signatory to Hague Convention, which means its principles are also enforced here.

How Does the Hague Convention Protect Your Rights?

If you are a parent dealing with a case involving International child visitations in New York, the HAGUE Convention has your back. Here’s how:

 

·         Prompt Return of the Child

The Hague Convention prioritizes getting your child back to their habitual residence as quickly as possible. For example, if your ex-partner takes your child to another country without your permission, you can file a Hague petition in New York to request their return. This ensures the matter is resolved in the child’s home country, where the custody arrangements were originally made.

 

·         Prevents Forum Shopping

Ever heard of "forum shopping"? It’s when one parent tries to move a custody case to a country they believe will favor them. The Hague Convention stops this by ensuring custody disputes are handled in the child’s home country, not wherever a parent decides to take them.

 

·         Protecting Children’s Well-Being

The Convention focuses on the child’s best interests. It prevents them from being uprooted from their familiar environment and placed in a foreign legal system.

 

·         Legal Safeguards for Parents

As a parent in New York, you can rely on the state’s legal system to help enforce the Hague Convention. New York courts are well-versed in handling these cases, ensuring fairness and adherence to international law.

 

The Bottom Line

Looking for the best family lawyer in Queens or NYC to help you navigate the intricacies of the HAGUE Convention for your international divorce or custody case? Or do you need help with something else like uncontested divorce or UIFSA Child support cases? Reach out to the professional lawyers at Multi-Jurisdictional Divorce PLLC today!

 

Blog Source: https://multi-jurisdictionaldivorce.com/how-hague-convention-protect-parental-rights-in-new-york/