Due to the spread of the Coronavirus throughout the state of New York, residents are still adjusting to stay-at-home orders. The circumstances have changed the way people live, causing uncertainty for many. This is especially so for families of divorce who are trying to navigate how they can best handle the situation to ensure the safety of their children. In doing so, it is important to keep in mind that both parents have certain rights to their child. Continue reading below to learn more and contact an experienced New York family law attorney for assistance protecting these rights.
What Rights do Parents Have?
When parents go through a divorce, they work either together or with the court to determine the rights they have towards their child. This can include the following:
- The right to custody. This includes obtaining physical custody, legal custody, or both. If a parent has physical custody, it establishes the parent the child will live and spend most of their time with. If they have legal custody, it gives them the right to be part of making important decisions in the child’s life.
- The right to visitation. It is important to know that a parent still has visitation rights even if they only have legal custody. Parents can establish how this is done when they make a parenting plan.
- The right to support. The state of New York requires both of a child’s parents to support them financially. This is done through mandatory child support payments between a non-custodial and custodial parent until the court decides it is no longer needed.
Are these Rights Valid During Coronavirus Times?
Even though the Coronavirus has caused many changes to the way people live their everyday lives, it is important to understand that parents still have the same rights to their child that they always had. It is understandable that a parent wants to put their child’s safety first in such a difficult time. However, they are still not able to do so by breaking the terms of their custody or visitation agreement. Instead, they must reach an agreement with the other parent or request a modification from the court if they wish to keep their child from seeing that parent. Until this is granted, both parents have the same rights to their child as before the pandemic.
The law regarding child support payments also remains the same during this time. While there are many parents facing financial hardship due to the pandemic, child support agencies are still required to report any payments that are past-due. It is because of this that those facing difficult financial situations should request a modification of the frequency or amount of their payments so that they better fit these new circumstances.
Contact our Firm
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.
