Common Custody Issues in Saratoga Springs

For divorcing couples with children, working out a parenting plan can be challenging. Even after the negotiation is done and an Order is entered, many issues can still arise, but the good news is that you do not have to face them alone.

If your co-parent has violated the terms of the Court Order, you have options. The first step is to determine if the issues you are facing rise to the level where Court intervention is necessary. There are many common custody issues in Saratoga Springs, and a dedicated child custody attorney could review your situation and advise you of your options.

Lack of Established Paternity

Parental rights only go into effect when a person is formally identified as the parent of a minor child. For fathers who were not married to the mother at the time the child was born, establishing paternity can be an obstacle to overcome.

Before this process is formally completed, a father will not have standing to petition for child custody or support. Additionally, the other parent may not seek child support until this step is taken care of. These matters must be resolved before addressing other common Saratoga Springs custody issues.

Denial of Visitation

Denying visitation is not appropriate, even in cases where the non-custodial party has failed to uphold their end of the bargain. Both parties are required to follow the custody Order as entered by the Court, even if the other parent has violated the terms. For example, the custodial parent may face contempt charges if they refuse visitation or block parenting time, even if the reason is because of the failure to pay child support. There are other avenues for addressing the failure to comply with a Court Order—which a custody attorney in Saratoga Springs could explain in more detail.

Relocation

One of the most contentious issues that can come up during a child custody case in Saratoga Springs is the potential for long-distance relocation. While the Court will not get involved in a cross-town move, relocating to a different state is another story.

There are limits on relocation even when a parent has primary custody of a child. The existing parenting plan remains in effect until a judge alters it, so a parent cannot move with their children in tow without violating it.

It is possible to file a petition and seek permission to move. The Court will consider a range of factors, including the reason for the move, family ties to the potential new home, and the harmful effect leaving the area might have on the child.

Parental Alienation

Parental alienation is a common tactic where one parent intentionally damages their child’s relationship with the other. This can happen in a variety of ways, including speaking negatively of that person when they are not around.

Often, these acts are designed to entrench a child into one parent’s side during divorce proceedings. This hostility can spill over onto other relatives as well.

Discuss These Common Custody Issues With a Saratoga Springs Attorney

Whether you are involved in a custody dispute or have previously resolved your issues through a Court Order, potential problems can still arise. Reach out to an experienced family law attorney and schedule a complimentary consultation to discuss common custody issues in Saratoga Springs.

Colwell Law

Colwell Law N/a
Saratoga Springs Office
The Colwell Law Group, LLC
513 Broadway Saratoga Springs, , NY  12866
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