Navigating a divorce is never easy, especially considering the often negative emotions surrounding the other spouse. But when it comes to child custody cases, it is not about the marital partners, but the child’s best interests. In custody proceedings, courts impose stricter standards on parental behavior regarding the children’s welfare. Thus, any animosity between spouses should never involve or affect the children.
Joint physical custody may be a viable option when both parents can co-parent cooperatively, communicate effectively, and place the child’s interests first. However, in New York, there is no legal presumption in favor of joint custody; the court will only adopt it if doing so aligns with the child’s best interests. It is typically unsuitable in cases of domestic abuse, neglect, extreme distance between residences, or significantly conflicting work schedules. A skilled New York child custody lawyer can help parents manage the legal process of child custody and even child support, ensuring their rights and the best interests of the child are protected. Contact Juan Luciano Divorce Lawyer today at (212) 537-5859 to discuss your specific situation and receive personalized legal advice.
Consequently, there are five things you should never do during a child custody case in New York.
1. Refuse to Cooperate
Despite how you feel about your spouse, when the courts get involved with child custody, they will look closely at your ability to cooperate with him or her, especially for the benefit of the children. The refusal to cooperate or communicate reasonably with your co-parent will give the court pause in a child custody case, especially if that refusal looks like it is intended to hurt the other party.
2. Speaking Against the Other Parent to the Children
Although divorce tends to bring out the worst in partners, it’s important to avoid confrontations and verbal altercations with your co-parent in the presence of your children. It’s also critical not to speak poorly of your co-parent to your children.
One of the most important things you can do during a child custody case is not to bring your children into your marital disagreements or talk badly about the other parent to your children. The court will look more favorably on the parent who is more able to take the high road toward the other co-parent.
3. Neglecting Support Payments or Other Parental Responsibilities
A common occurrence in child custody matters is for the court to issue temporary support and custody orders. During this time, both parents need to abide by these temporary orders in the interest of the children as well as the perception of the court. Abiding by them shows that you are a responsible co-parent and are chiefly concerned for your children’s well-being, despite how you may feel about the other co-parent.
4. Making Poor Social Choices
This is not the time for beginning a robust dating life and posting on social media depicting your newfound party life. Child custody is all about the parent who best exemplifies the best interests of the child. Unfortunately, these types of things can work against a parent who is actively pursuing custody of their children and may even be admitted as evidence against them.
5. Not Hiring the Right Attorney
Many people enter into a divorce with little guidance and then suffer for it afterward. Getting skilled legal representation as soon as possible helps individuals navigate a highly emotional time when feelings of anger or betrayal may outweigh their common sense and long-term goals. Getting the help of the right child custody lawyer ensures a level head is at play when you need it most.
| What Not to Do During a Custody Case | Why It Hurts Your Case | What Courts May Consider |
|---|---|---|
| Refuse to Cooperate | Shows unwillingness to co-parent and communicate effectively | The ability to work together for the child’s best interests |
| Speaking Against the Other Parent to the Children | Creates emotional harm and can be seen as parental alienation | Potential damage to the child’s relationship with the other parent |
| Neglecting Support Payments or Other Parental Responsibilities | Indicates irresponsibility and disregard for court orders | Compliance with temporary orders and reliability as a parent |
| Making Poor Social Choices | Can portray you as unstable or irresponsible | Social media and lifestyle choices as indicators of judgment |
| Not Hiring the Right Attorney | Can result in legal mistakes or weak representation | Quality, organization, and preparedness of your case |
Avoid Unqualified Advice and Trust Your Attorney
When you’re going through a child custody case, it can feel like everyone has something to say. Family members, friends, even people online all offering their opinions on what you should do. While they often mean well, unqualified advice can cause serious problems. Custody laws in New York are complicated, and one wrong move can affect your rights as a parent. Listening to someone who doesn’t know how the courts actually work might lead you to miss deadlines, say the wrong thing in court, or make a decision that weakens your case by failing to satisfy a legal standard.
Your attorney is the person uniquely equipped to understand how to protect your legal rights and your continuing relationship with your child. They know how New York courts interpret evidence, what statutory factors judges weigh, and how deadlines and procedures work. When you follow your attorney’s advice, you put yourself in a good position for a fair outcome. It helps you stay composed, make clear decisions, and steer clear of emotional reactions that could work against you. Ignoring your attorney or taking advice from others, on the other hand, can lead to unnecessary conflicts, court delays, and decisions that damage your credibility.
Be open and candid with your attorney; no detail is too small. The more they know, the better they can anticipate issues, respond strategically, and protect your child’s best interests. If something changes, like new communication from your ex or issues with visitation, tell your attorney right away. They can step in before a minor problem turns into a major setback.
Remember, this isn’t just a legal battle; it’s about safeguarding your bond with your child. Take the time to talk with your attorney, trust their guidance, and let them handle the legal side so you can focus on being the parent your child needs most.
New York Child Custody Lawyer – Juan Luciano Divorce Lawyer
Juan Luciano
When family changes affect your children, having a steady hand to guide you through the process can make all the difference. Juan Luciano Divorce Lawyer provides dependable legal support to parents facing child custody disputes in New York. Certified by the Appellate Division First Judicial Department to represent both children and adults in family law, child protective, and juvenile delinquency matters, Mr. Luciano combines deep legal knowledge with genuine compassion. His approach balances sensitivity and respect with a calculated strategy, helping clients make informed choices that protect their rights and their children’s best interests.
With years of experience and recognition as a former President of the Bronx Family Court Bar Association and faculty member for the Practicing Law Institute, Mr. Luciano has built a strong reputation for integrity, preparation, and results. His insights have appeared in major publications, including the New York Law Journal and The Wall Street Journal. He maintains offices in Midtown and the Bronx for client convenience and is fluent in Spanish, ensuring accessible and personalized service for every family he represents.
What Not to Say During Custody Battle?
During a custody battle, it’s crucial to maintain a professional attitude and focus on the child’s best interests rather than personal issues. Speaking negatively about the other parent can reflect poorly on your character in the eyes of the court. Judges favor environments that support the child’s well-being, and demonstrating an ability to cooperate with the other parent is essential.
Avoid mentioning minor disputes or past conflicts that do not directly relate to the child’s care. Highlighting these issues can be seen as an inability to move past personal differences, which is not conducive to effective co-parenting. The court’s primary concern is to establish a stable and positive environment for the child, and your comments should align with this objective.
Furthermore, refrain from making any accusations or statements that you cannot support with clear evidence. Unfounded claims can weaken your credibility and negatively affect your case. It’s also wise to avoid overly emotional statements that may suggest an inability to handle stress or cooperate under pressure.
Remember, your main goal is to present yourself as a responsible, thoughtful, and cooperative parent who prioritizes the welfare of your child above all else. Keeping your statements focused on the child’s needs and your willingness to work constructively with your co-parent will be more effective in securing a favorable outcome.
What is an Unfit Parent?
Child custody disputes can be one of the most difficult parts of a divorce. Both parents want their children to be with them as much as possible in many cases. New York courts determine custody matters based on the best interests of the child. There is no perfect parent, so any imperfections in parenting won’t lead to a parent losing their rights. The courts have the legal power to declare a parent ineligible. A court can declare a parent unfit and reduce or limit contact between the child’s parent and the child.
A parent can be declared unfit if they fail to provide the proper guidance, support, or care. The court can also declare parents unfit if they are involved in substance abuse, abuse, and neglect. Child Welfare Services usually become involved in cases where a judge declares a parent not fit. The parent may be subject to an investigation or safety plan.
Parents may not be able to agree on child custody issues during a divorce. A parent might not trust the other parent with custody. Evaluating child custody rights can be requested by a parent or ordered by a judge. The child custody evaluation is designed to assess the safety, health, and welfare of the child. When determining if a parent may be unfit, the evaluation team will consider 10 factors upon which the court will ultimately decide.
Substance Abuse: A Critical Factor in Custody Cases
When parents go to court to figure out who will take care of their child, judges have a lot to consider. One of the biggest red flags for them is if a parent is struggling with alcohol or drugs. If a parent is dealing with substance abuse, courts may question their ability to properly care for their child.
Being sober and away from drugs is crucial when trying to show the court you’re a good parent. While a child custody case is understandably anxiety and stress-inducing, staying clean is key. The judge recognizes efforts to make smart choices for your child’s sake.
If you lie about using drugs or alcohol, or if you don’t tell the whole truth in court, it can backfire. The court might be less inclined to believe your statements, and that could mean you end up with decreased visitation rights. It’s important to be honest and show that you are determined to stay on the path of self-improvement and set on being a positive influence for your child.
It’s also ill-advised to ignore the custody case or not follow the requirements set by the court. The judge could see this behavior as intentional noncompliance and decide against you without hearing your side. Just as important is staying civil with your ex-spouse; the court pays specific importance to co-parenting efforts for the best interests of the child.
A skilled New York child custody lawyer can also assist in representing your rights as well as providing advice on what to and not to do during your custody case.
What Happens In A Child Custody Trial?
The child custody trial process in New York usually commences with an Initial Appearance, during which the judge examines the petition and clarifies the accusations or requests for assistance. If either party is unrepresented, the judge will also explain their rights and may assign a lawyer to someone who can’t afford one.
Following the Initial Appearance, the judge may schedule a meeting with the lawyers to discuss settling the case without a trial. If the case can’t be settled, the court will schedule a trial.
In cases concerning custody, visitation, paternity, or support, a trial typically includes a hearing to establish the facts, during which the judge will consider all pertinent evidence and make determinations about what has been proven. If the facts are established, the judge will also make decisions regarding relief. If the parties involved come to an agreement on custody, the judge may issue a consent order without a formal hearing. However, if no agreement can be reached, the court will hold a hearing and may appoint an attorney to represent the child.
The court may also order an investigation and report from a social services agency or mental health professional. Ultimately, the court will award custody based on the child’s best interests.
If you are facing a child custody trial in New York, it can be a difficult and emotional experience. A child custody lawyer can provide valuable assistance throughout the entire custody process, from the initial petition to the final decision. New York child custody lawyer Juan Luciano may be able to help you understand your legal rights and options, guide you through court proceedings, and advocate for your interests and those of your child. Call us today at (212) 537-5859 to schedule a consultation.
What Happens if My Child Refuses to Comply with the Visitation Order?
The child may be required to attend visitation sessions if the court decides that the non-custodial spouse should receive visitation rights and parenting time. The custodial parent is usually required to ensure that this visitation takes place and to encourage the child to participate. However, if the child still refuses to abide by the visitation orders despite the best efforts of the custodial parent, the court may decide to take other courses of action.
If a child refuses visitation, the custodial parent should promptly inform their attorney and the court, documenting all efforts to encourage compliance. The court may order therapeutic visitation, adjust the schedule, or even modify custody, but it will closely examine if the custodial parent interfered, if the child’s objections have merit, for instance, genuine fear or conflict, and if continued resistance is justified.
The courts may also recommend something like therapeutic visitation to strengthen the relationship between the non-custodial parent and the child. If the court feels that the custody changes are in the best interest of the child, the court may allow residential custody to be changed to the non-custodial parent.
Safeguard Your Child’s Best Interests Today
Speaking to an experienced lawyer about child custody is very important when dealing with child custody matters. A skilled lawyer may be able to help you understand your roles and responsibilities when it comes to your children. Manhattan divorce attorney Juan Luciano may be able to help you and your family. Contact us today to schedule a consultation.
