What Are Child Custody Issues that Arise in New York State?
You must abide by your child custody settlement agreement, as breaching any aspect of this contract can hurt your access to your child. Read on to learn the child custody issues that lead to the most complications and how a seasoned Nassau County child custody attorney at The Pollack Law Firm, P.C. can help you navigate your situation.
How can parental alienation create a complicated child custody issue in New York state?
Firstly, parental alienation is a major contributor to future child custody issues. This is applicable if you frame your co-parent as lesser than so that your child can reject their relationship with them. Examples of this are as follows:
- You make your child have a false sense of danger when they are under the care of your co-parent.
- You tell your child lies about your co-parent (i.e., your co-parent does not love your child, your co-parent is a bad person).
- You make your child have hatred, fear, or distrust of your co-parent.
In the end, if you are caught doing any of the above, your child can be removed from your custody and placed with your co-parent.
How can moving away create a complicated child custody issue in New York state?
Secondly, moving away may be best for a fresh start, but it can get complicated if you have joint custody of your child. For example, to move out of state with your child, you must get written permission from your spouse to do so, even if it is only temporary. If you cannot obtain this permission, you must go to a New York court and prove that moving would be in the best interest of your child for their economical, social, and educational standing. Examples of what the court will consider are as follows:
- You are relocating to a safer area.
- You are relocating to be closer to extended family.
- You are relocating to move away from your dangerous co-parent.
- You are relocating for a higher-paying job to benefit you and your child.
Failure to get permission is illegal, and the offense is even more serious if you leave the country. Regardless of whether your child is in danger, this violation can warrant a modification to your child custody settlement agreement.
To prevent any of the above issues from arising, you should seek the guidance of a competent Nassau County family law attorney as soon as you possibly can.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.