What Are Complicated Child Custody Issues that Occur in New York State?

A grandfather and grandchild holding hands while taking a walk together, symbolizing intergenerational connection and care, evokes thoughts about enduring family bonds similar to the support one might seek from a divorce lawyer

Child custody is likely the most complex issue that you will have to deal with in the aftermath of your divorce. That is, if you and your spouse breach the child custody settlement agreement in any way, consequences will arise. Continue reading to learn the most complicated child custody issues that occur and how an experienced Nassau County child custody lawyer at Barrows Levy PLLC can help you address them.

What are the most complicated child custody issues in New York state?

Parental alienation occurs when you create scenarios that frame your co-parent as lesser than so that your child can reject their relationship with them. If you are caught doing this, your child can be removed from your custody and placed with your co-parent. Examples of parental alienation are as follows:

  • You create a false sense that your child is in danger when under the care of your co-parent.
  • You tell your child lies about your co-parent, such as they do not love them or they are a bad person.
  • You instill hatred, fear, or distrust of your co-parent.

At the finalization of your divorce, it may seem natural to move away for a fresh start. However, doing so gets complicated if you share joint custody of your child with your former spouse. Specifically, to move out of state with your child, you must get written permission from your spouse to do so. If you cannot obtain this permission, you must go to a New Jersey 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, closer to extended family, away from your dangerous former spouse, or otherwise.
  • You are relocating for a higher-paying job to benefit you and your child.
  • The bond both you and your former spouse have with your child.

In the same regard, you must receive permission from your former spouse or court to leave the state with your child, even if it is only temporary. This is because it is illegal to leave the state with your child without permission, 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.

And lastly, if both you and your former spouse are unable to care for your child, it is possible that a relative or friend to petition the courts for an appointment as a legal guardian with primary legal custody.

Overall, your child custody settlement agreement should be precisely followed. To prevent any issues from arising, contact a skilled Nassau County family law attorney today.


If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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