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Inside the Child Custody Hearings in New York: A Closer Look

`In New York, the child's best interests are at the center of a child custody hearing. This article provides a detailed look at what happens in these hearings, discussing the procedure, the factors to be considered, and the possible outcomes. To get professional advice, please contact a child custody lawyer in Queens.

An Overview of the Custody Process for Children

In New York, most cases involving child custody are heard in family court. Parental and guardian rights to visitation and custody are the subject of these proceedings. The child's well-being and the best possible living situation are paramount. Judges make decisions in the child's best interests after seriously considering the available information and testimony. People with children and going through a divorce may have complicated child custody issues which they need to discuss with an experienced Family court Lawyer.

Arguing and Proving Your Case

Each side in a custody dispute can present evidence and argue it before a judge. This is when it is most crucial to have a lawyer who really knows the ‘ins and outs’ of the process. Everything that sheds light on the situation is fair game, from witness statements to documentation to photographs. Parents may highlight their expertise, dedication to their child's well-being, and the stability and love they can offer their children. The court may also consider the child's preference if they are of an appropriate age and maturity, the child's connection with each parent, and any history of abuse or neglect. Both parties must prepare and present their case effectively, as the evidence showed greatly influences the court's decision.

Examination of Testimony

During a custody hearing, the court may hear testimony from witnesses. Professionals that work with the child, such as psychologists, therapists, teachers, and others, can serve as these witnesses. Their accounts of the child's well-being, living situation, and relationship with each parent are informative. Witnesses may provide expert testimony or narrate anecdotal evidence to back up their claims. The court carefully considers each witness's reliability and relevancy before making its decision.

What Is in the Child's Best Interests?

The best interests of the kid are paramount in New York custody proceedings. Judges consider several variables to ensure the child's well-being and happiness. The child's mental and physical health, each parent's ability to provide for the child, the safety and consistency of the child's living situation, the child's relationship with each parent and other family members, the child's history of abuse or neglect, and the child's preferences, when applicable, are all critical considerations. The court will seek to establish a custody arrangement in the best interests of the child's health, happiness, and development.

Conflict Resolution Through Mediation and Other Means

The court may recommend or require mediation or other forms of alternative conflict resolution to help parents reach an amicable custody agreement. The mediation process facilitates cooperative problem-solving between parents with the assistance of an impartial third party. These strategies are geared toward reducing arguments, improving lines of communication, and placing the child's needs first. If the case is resolved favorably, the court can include the negotiated custody plan in its final ruling.

Judges in New York are comprehensive in evaluating the evidence and testimony presented at child custody hearings and the kid's best interests. These proceedings are crucial to protecting the child's safety and well-being in the custody dispute. Competent legal counsel is vital for adequately navigating this process and safeguarding the child's interests.

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7 Divorce Strategies You Didn't Anticipate

Underhanded tactics that may arise during divorce

1. Delaying divorce on purpose

"Stall and Delay" is a strategy in divorce that aims to extend the process as long as possible. The motive behind this tactic is either to gain an advantage through time or to exhaust the other party and make them concede to their demands to avoid further legal expenses. Examples of stall and delay tactics include the slow signing of documents, refusal to negotiate, and repeatedly taking minor issues to court.

If you're facing such a situation, it's recommended to consult a divorce attorney to find a resolution.

2. Attempting to force a rapid agreement

Conversely, some individuals may attempt to rush the divorce process. This is usually done when they have something to hide, such as concealed assets or income. The pushy party may also try to take advantage of the situation by creating a false sense of urgency or rushing to create confusion to secure a favorable outcome for themselves.

To protect your interests, a divorce lawyer must review any documents before you sign them.

3. Disguising income and assets

In states with no-fault divorce laws, like Florida, assets and wealth acquired during the marriage are usually divided equally during divorce proceedings. This can result in underhanded actions aimed at concealing assets and money.

  • Shifting the ownership of money or assets to a relative's name to conceal it during the divorce process

  • Secreting valuable possessions in undisclosed locations, such as a safety deposit box, to prevent them from being revealed during divorce

  • Misrepresenting one's income or assets

  • Conducting substantial transactions under another person's name

  • Inventing or falsifying costs or obligations

Determining whether assets or income are concealed during a divorce can be challenging. A divorce lawyer can assist by investigating your spouse's financial situation and searching for unusual spending patterns.

4. Increasing visits to reduce child support

When kids are a part of divorce proceedings, negotiations around child custody and time-sharing can become complicated due to child support orders that follow. Sometimes, parents will ask for more time with their children to reduce the amount they have to pay in child support. This often results in the kids being passed off to family members instead of spending more time with their parents.

It's essential to inform your family law attorney of your concerns so that they can take all necessary steps to ensure your children's best interests are protected.

5. Falsifying allegations

When one spouse is unhappy with the outcome of custody proceedings or fears they may not win, they sometimes resort to making false accusations in an attempt to tarnish the other parent's reputation in the eyes of the court and increase their chances of gaining full custody or limiting the other parent's visitations rights.

Common false allegations include:

  • Abusive or neglectful parenting

  • Toxic relationships at home

  • Crime and deviant actions

  • Substance abuse or alcoholism

  • Consenting to a custody agreement against the court's wishes

It is important to communicate fully with your lawyer if false allegations are made against you during a divorce or custody battle, so they can provide appropriate guidance and representation.

6. Putting up barriers to discussion or bargaining

Refusing to participate in negotiations or even communicating can prolong divorce proceedings and cause a lot of frustration. This tactic is used to exhaust you and is similar to tactics used to delay or rush the process.

This can be costly, but your attorney can use legal means to show your ex's lack of communication and push the proceedings forward in your favor. Usually, when the other party realizes what they stand to lose by not cooperating, they will start to participate in the communication.

7. Taking the children away from the other parent.

A harmful and damaging strategy often employed in divorce cases is manipulating children into opposing the other spouse or limiting their time with them. The intention behind this tactic is twofold:

  1. To demonstrate to the court that they dedicate more time to their children, making them the superior option for primary custody, some parents may try to prove that they spend more time with their kids than the other parent.

  2. To attempt to sway older children to prefer living primarily with one parent instead of the other through manipulation.

Your divorce attorney in Nassau can represent you if your children are being prevented from seeing you. They may also be able to present a negative image of the offending spouse to the court.

Brutal divorce tactics that are tempting (but can backfire)

It's understandable to consider using underhanded tactics during a divorce, especially if your ex has already resorted to such measures. However, these common and extreme strategies can result in retaliation from the other party or penalties from the court, leading to a prolonged and challenging legal battle. Furthermore, some actions may have legal consequences or negatively impact your image in court proceedings.

Therefore, it's wise to steer clear of these harmful divorce tactics that have a high risk of backfiring.

  • Revocation of credit cards

  • Decluttering the home or financial accounts

  • Leaving the city with the kids

  • Putting the ex's employment at risk

Questions & Answers

on Underhanded Divorce Strategies

If you are divorced, what can be used against you?

Expect every strategy to be used against you by your ex in the divorce court. Some items that can severely weaken your argument in court are listed below.

  • Splurging during times of emotional distance

  • Financial misrepresentation

  • Orders prohibiting contact

  • Online engagement via social media

  • Criminally implicating details revealed via electronic messages

  • Unhealthy romantic relationships that have a detrimental effect on kids

Is there a healthy way to get a divorce?

It may be tempting to counter unethical tactics used by your ex in divorce court with your own underhanded methods. However, having the support of a knowledgeable attorney can help you navigate a complicated divorce through legal means that safeguard your interests and help you achieve what you are entitled to.

Ways to Save Money on a Divorce Lawyer

Tips and Strategies for Reducing Legal Fees

Divorce can be an emotional and stressful process, and it can also be quite expensive. The costs of hiring a divorce lawyer can add up quickly, and if you're not careful, you could spend a significant amount on legal fees. Fortunately, there are several ways you can save money on a divorce lawyer without sacrificing the quality of representation.

Consider Mediation: One of the most effective ways to save money on a divorce lawyer is to consider mediation. In mediation, you and your spouse work with a neutral third-party mediator who helps you settle issues such as child custody, property division, and spousal support. Mediation can be much less expensive than hiring separate lawyers to negotiate a settlement. It can also be a more amicable way to resolve your divorce, which can help you move on with your life more quickly.

Hire a Lawyer Who Offers Unbundled Services: Many divorce lawyers offer "unbundled" services, which means they provide specific legal services on a limited basis, rather than handling the entire divorce from start to finish. For example, you can hire a lawyer to review your divorce agreement or to represent you in court for a specific issue. Unbundled services can be a cost-effective way to get the legal assistance you need without paying for services you don't require.

Choose a Lawyer with a Flat Fee: Some divorce lawyers offer flat fees for their services, which means you pay a set amount for the legal representation you receive. Flat fees can be an attractive option for those on a tight budget or who want to avoid the uncertainty of hourly billing. However, clarify which services the flat fee covers, as some lawyers may exclude certain services or charge additional fees for services not included in the flat fee.

Keep Communications Clear and Concise: To save money on legal fees, it's essential to communicate clearly and concisely with your divorce lawyer. This means organizing and preparing for meetings and phone calls and avoiding unnecessary communication. Keep in mind that lawyers typically bill by the hour, so you could incur additional costs every time you contact your lawyer.

Be Prepared and Organized: One of the most effective ways to save money on a divorce lawyer is to be prepared and organized. This means gathering all the necessary documents and information related to your divorce, including financial statements, tax returns, and other relevant documents. By providing your lawyer with all the required information upfront, you can reduce the amount of time they spend on your case, which can save you money in the long run.

Don't Use Your Lawyer as a Therapist: While it's important to have emotional support during a divorce, it's not a good idea to use your lawyer as a therapist. Lawyers typically charge by the hour, and you could incur additional fees every time you discuss emotional issues with your lawyer. Instead, consider seeking support from friends, family, or a professional therapist.

Stay Focused on the End Goal: Finally, it's essential to stay focused on the end goal of your divorce. This means avoiding unnecessary disputes and arguments and working to reach a fair and equitable settlement. By keeping your focus on the end goal, you can avoid expensive legal battles and save money on your divorce.

In conclusion, there are several ways to save money on a divorce lawyer, including considering mediation, hiring a lawyer who offers unbundled services or a flat fee, communicating clearly and concisely, being prepared and organized, avoiding using your lawyer as a therapist, and staying focused on the end goal of your divorce. Taking these steps can reduce your legal fees and make the divorce process more manageable and less stressful.

7 Reasons Your Divorce Can Slow Down


As a result of the emotional and psychological toll it can take, many people wish for a divorce to be
finalized as fast as feasible. However, in some cases, the divorce process can slow down, leaving both parties in a state of limbo. There are many reasons why a divorce can slow down, and in this article, we will explore some of the most common ones.

Disagreements Over Assets

One of the most common reasons why a divorce can slow down is disagreements over assets. Assets that may be subject to division in a divorce range from marital residence to financial holdings like investments and retirement accounts. If the divorcing parties are unable to reach a consensus on how to distribute their assets, the divorce proceedings may become protracted as they engage in negotiations. In some cases, a judge may need to intervene to resolve the dispute, which can further prolong the process.

Custody Battles

Another common reason why a divorce can slow down is due to custody battles. When a couple has children, determining who will be awarded custody can be a multifaceted and emotionally charged endeavor. One or both parties may express a desire for primary custody, or they may have differing opinions regarding visitation arrangements. In such cases, the court may need to intervene and reach a decision, a process that may be time-consuming.

Disagreements Over Alimony or Child Support

Disagreements over alimony or child support can also slow down the divorce process. The court may need to determine how much money one spouse should pay to the other in the form of alimony or child support. This decision can take time, especially if both parties have different views on what is fair.

Complex Finances

If the couple has complex finances, such as multiple sources of income, trusts, or business interests, this can also slow down the divorce process. The couple may need to hire financial experts to help them navigate the financial side of the divorce, which can take time.

Emotional Strain

If one or both parties are struggling to come to terms with the end of the marriage, they may not be able to make decisions quickly or rationally. This can cause the process to slow down as both parties work through their emotions.

Legal Complications

Legal complications can also slow down the divorce process. For example, if one party is not being truthful about their finances, this can lead to legal battles that can take time to resolve. Alternatively, if one party is uncooperative or refuses to sign documents, this can also cause delays.

Administrative Delays

Finally, administrative delays can also slow down a divorce. This can include delays in processing paperwork, scheduling hearings, or getting a judge to sign off on a decision. While these delays are often out of the control of the couple, they can still cause frustration and prolong the process.

While it can be frustrating to have a divorce slow down, it is important to remember that rushing through the process can cause even more problems down the line. It is best to work with an experienced divorce attorney to navigate the process and ensure that your interests are protected, even if it takes a bit longer than you initially hoped.

#divorce#divorcelawyer#divorceattorney#familylaw#nassau#nassaucounty

Understanding CPS Home Visits: A Guide to What They Look For

Child Protective Services (CPS) is an agency responsible for ensuring the well-being and safety of children. CPS typically gets involved in cases where there is suspected neglect, abuse, or other forms of harm to a child. One of the main ways CPS looks into these cases is by going to the child's home to see what kind of environment the child is living in.

Home visits are essential for CPS workers as they give them a firsthand look at the home environment and family dynamics. During the visit, CPS workers will observe the living conditions, interactions between family members, and the child's overall well-being. They will also look for signs of abuse, neglect, or other potential risks to the child's safety and well-being.

This article will explore some of the crucial things CPS looks for during a home visit.

Safety and hygiene

One of the most crucial things CPS workers look for during a home visit is safety and hygiene. They will assess the home for hazards such as exposed wiring, broken stairs, or sharp objects that could harm children. CPS workers will also evaluate the home's overall cleanliness, including the presence of garbage and clutter that could pose a health risk to children.

Emotional well-being

CPS workers evaluate the emotional well-being of children during a home visit. They observe the interactions between parents and children to ensure a positive and healthy relationship. CPS workers will also look for signs of emotional abuse or neglect, such as withdrawn, anxious, or fearful children. If there are any concerns about the emotional well-being of the children, CPS may require the parents to seek counseling or other support services.

Education and healthcare

CPS workers check to ensure that children attend school regularly and receive appropriate healthcare, including vaccinations and regular check-ups. They may also ask about the children's nutrition and exercise habits to ensure they are receiving adequate care. If there are any concerns about the children's education or healthcare, CPS may require the parents to take steps to address these issues.

Signs of neglect or abuse

Another crucial thing that CPS looks for during a home visit is any signs of neglect or abuse. It includes being hurt physically, sexually, emotionally, or by being left alone. CPS workers will look for physical signs of abuse, such as bruises or burns, and behavioral signs, such as children who are overly aggressive or fearful. If there are any concerns about abuse or neglect, CPS will investigate further and may remove the children from the home if necessary.

Support network

CPS workers will look for evidence of a support network for the family. It includes extended family members or close friends who can support the parents and children. CPS workers will also look for evidence of community support, such as involvement in church or other social organizations. If the family lacks support, CPS may recommend that they seek assistance from local resources or community programs.

Physical health

CPS workers will evaluate the children's physical health during a home visit. They will look for signs of illness or injury and assess whether the children receive appropriate medical care.

Mental health

CPS workers will also evaluate the children's mental health during a home visit. They will look for any signs of mental illness, such as depression or anxiety, and assess whether the children are receiving appropriate mental health care.

Parenting skills

CPS workers will observe the interactions between parents and children to assess the parents' parenting skills. They will look for evidence of positive discipline techniques and healthy communication between family members.

Substance abuse

CPS workers will assess whether any adults in the home are struggling with substance abuse. CPS may require the parents to seek treatment or take other steps to address the issue if substance abuse is present.

Financial stability

Finally, CPS workers will evaluate the family's financial stability. They will assess whether the family has adequate resources for the children's basic needs, including food, shelter, and clothing.

CPS cases can help ensure that their futures are protected.

It's important to understand that CPS workers have a vital role in safeguarding the well-being of children, and they are not out to harm families or take children away from their homes. However, it's understandable that families may feel overwhelmed and stressed during the process. The fear of losing their children and be placed in foster care can be paralyzing, but it's essential to remain calm and focused on the children's best interests.

Having a lawyer with experience in CPS cases can help families navigate the legal process and protect their rights. A lawyer can offer valuable guidance on CPS policies, help respond to allegations, and represent families in court proceedings. They can also prepare families for what to expect during a home visit and help address any concerns.

In summary, CPS home visits are a crucial step in ensuring the safety and well-being of children. It's essential to take any concerns CPS workers raise seriously and address them promptly. Families should also remember that they have rights, and a family lawyer can help protect those rights and ensure that the children's best interests are prioritized.

The emotional toll of a CPS home visit cannot be understated especially with you are undergoing divorce also. It's a stressful and overwhelming experience for families, and the fear of losing their children can be traumatizing. However, with the help of a lawyer with expertise in CPS cases, families can navigate the process with confidence and peace of mind.

The safety and well-being of children should always be the top priority, and having a lawyer by your side can help ensure that your family is protected during a CPS home visit.

#childprotectionservices #cps #childsafety #childsafeguarding #familylaw #familylawyer #nassau #nassaucounty

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