Protecting Parental Rights When Divorce Is On The Horizon

What Are The Best Ways To Protect Your Parental Rights?

Parental rights tend to cover the issues of custody and of visitation rights. Taking the right steps before a divorce is crucial to retaining access to your kids, and making a strong case in court.

One of the first steps you should take is to make sure, if or when you initially move out, that you take the children with you. If you don’t, you’ve already given your spouse a leg up in physical custody proceedings, as they can simply say “Well, he or she has already abandoned the children, so it seems they’re better off with me, anyway”.

Another key way to protect parental rights if you’re expecting a custody debate is to simply spend as much time with your children as possible. Don’t carry on as normal; spend one-on-one time with your kids, take them to ball games, drive them to school. Go the extra mile.

Otherwise, your spouse’s attorney could simply point out that their client has spent 60-70% of the time with the kids, whereas you’ve spent only 40% at best. They’ll pull out calendars with dates and times, and that will be counted as evidence in court.

If you’re looking at joint custody as the likely outcome, you should make sure that you’re very involved in every aspect of your children’s lives long before the divorce process is underway.

What does this involved parenting look like? This means…

• Going to extracurricular activities
• Setting up playdates
• Taking the kids to doctor’s visits
• Participating as much as the other parent

Attorney David Bliven is a diligent family law attorney who has been serving New York for over 20 years. With skill, care, and tailored legal support, he’s helped countless parents just like you protect their rights and remain in their children’s lives.

Are you ready to get the vigorous legal help you deserve? Call The Law Offices of David Bliven today, and defend your parental rights with greater peace of mind, focus, and clarity.

Without active participation, it becomes easy for the other party to simply reply in court that you’re not actually all that involved and don’t deserve joint custody. Active, meaningful participation will allow witnesses (such as a doctor, coach, or teacher) to testify that you’re an attentive and caring parent. Remember, a judge will see little point in joint custody if one parent seems to be absent and uninvolved. Showing up and helping out goes a long way.

How can you better your case in terms of visitation rights? Apart from simply being attentive and involved as a parent, if you have personal struggles, be sure to address these as early as possible. See a therapist if you have mental health issues. This allows the court to see that even if you struggle, you’re actively getting help and being responsible. A letter from a therapist highlighting your progress and commitment to wellness can have a positive impact, too.

Some parents struggle more than others. If you expect that the other party may allege you have a drug or alcohol problem, check into a rehab center. Let the center know that you have a divorce on the horizon, and get an assessment from them as to whether or not you need treatment.

If their screening confirms that you don’t need treatment, get a letter from the center stating as much; this will be a great help in court. If they determine that you do, in fact, need treatment, get that help immediately. The sooner you address and actively work on your issues, the better off you’ll be in visitation hearings.

Finally, make sure that you have a caring, competent, and thorough attorney on your side. Getting the right voice in court is crucial to making sure that your parental concerns and rights are heard, protected, and professionally represented.

For more information on Divorce On The Horizon In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (914) 362-3080 today.