Divorce Rights for Mothers & Fathers

How Our Long Island Divorce Attorneys Can Protect Your Family

Going through a divorce is always difficult and confusing. This is true for both men and women. Women must worry about their financial well-being and security, especially if they have left the work force to become the primary caregiver; men, on the other hand, may face an unfair bias against them in the courtroom when it comes to child custody issues. During a divorce, you may feel hopeless and unable to make decisions that will influence your future and the future of your children. That’s why our Long Island divorce lawyers are here to guide you through every step of the legal process.

During the legal process ahead, you may face a variety of concerns, such as:

  • How much will a divorce cost me?
  • What factors determine who will get custody of the children?
  • Am I entitled to / will I have to pay child support?
  • Am I entitled to / will I have to pay spousal support?
  • Will I get to keep the house? If not, where will I live?
  • Can I afford to keep the house or should we sell it?
  • What will happen to our marital assets?
  • What are my rights to my spouse's pension?

You Have the Right to a Relationship with Your Child

The goal of any child custody arrangement should be to maintain a healthy and positive relationship between the child and both parents. Parental alienation is often caused by one parent who wishes to spite the other. For the sake of the child/children, this should be avoided at all costs. Instead, both parents should be willing to work collaboratively to create and maintain the best possible home environment for their children and the best possible relationships with both parents.

The push to support and protect parental rights is becoming more widespread and powerful. Many groups have formed to fight for the rights of mothers and fathers. These groups come from the belief that the relationship between the parent and child (both father and mother) is very important. With this being said, many organizations fight for shared custody to allow children to grow in healthy living conditions while having relationships with both the mother and father.

How Child Custody is Determined in New York

  • Best Interests of the Child: Judges will first determine if each parent is fit to care for the child. Depending on a number of factors, the judge will also determine if either parent is fit to be the primary caretaker of the child or if he/she will receive partial custody or visitation rights. This is largely based on the best interests of the child.
  • Financial Support: Judges will determine whether the father/mother is financially fit to care for the child. The judge will check to see if the both parties will be able to supply transportation, food, a healthy living environment, education, clothing, medical expenses, and more.
  • Emotional Support: Judges will determine whether both parents will be able to provide emotional support for the growing child. This means that the father and the mother will have to deal with the various transitions of maturity as the child grows up. Ultimately, the court will want to see that both parents have made the child a priority.
  • Educational Support: Judges will determine whether the father or mother will be able to provide transportation for the child to attend school. Furthermore, judges will decide whether each parent is capable of making sure the child does well in school and is responsible for making sure the child retains good grades.

If you are seeking custody, you must convince the judge that living with you is best for the child. Furthermore, you should be willing to work with and involve the other parent. A judge will want both parents as involved as possible in the child's life. By taking care of the child’s every need, you have a better chance of obtaining custody.

Contact our Long Island divorce attorneys to schedule your first consultation and see what Wisselman & Associates can do for you.