Joseph H. Hobika, Sr., Esq. Joseph H. Hobika, Jr., Esq. Andrew J. Hobika, Esq.

Call 315-327-2849

Maps & Directions
ebook
Hobika Law Firm

Contact legal advocates who are on your side and dedicated to recovering the benefits you need.

Get a free consultation

Child Custody Archives

A level head during child custody negotiations is beneficial

The road to ending a marriage can be a long one and it begins with the difficult decision of actually getting a divorce from one's significant other. When this decision is made, people often want their lives to return to normal and to get to the part where the divorce is finalized but there are a number of family law issues that must be resolved before that can happen. Experienced help by one's side can ensure that the legalities are completed in a timely manner and the divorce finalized as efficiently as possible.

Are children of divorced parents more likely to get divorced?

One of the main considerations couples with children has when going through a divorce is how the divorce is going to impact their children. When children are younger, the expected psychological effect of the divorce is high, which is parents try their best to make the process as seamless as possible for their children. Research often backs up this claim, with many studies concluding that children of divorced parents are more likely to get divorced themselves. But New York residents may be surprised to learn that the factors that led to this conclusion are different from what they assumed.

What is virtual visitation?

With good jobs remaining difficult to find in these economic times, more and more people may find themselves choosing the place to live based on where they are working. For many, this is not a problem but divorced parents with children in New York may find themselves asking how it would affect their child custody and visitation rights. As expected, when a noncustodial parent-the parent who does not have physical custody of the children-has to move away, it can affect their visitation rights. However, technology is proving to be very useful in this situation, as parents can use various technological means to remain in touch with their children.

Is nesting the best option for me?

When a marriage ends, couples with children in New York want little more than ensuring the wellbeing of their children. Going from one house with two parents to two houses with one parent can be a difficult transition for them, and some couples try to minimize the effects of divorce on children by engaging in nesting. Nesting is a novel approach to custody arrangements and one that more and more couples are trying out.

What is the difference between physical and legal custody?

Understanding family law is difficult. When one is right in the middle of a family law issue, he or she will likely find the whole process overwhelming and complicated. Though some legal terms are commonly used, their legal meaning is not clear to a layperson, and understanding them is very important. One of these concepts is child custody.

Have a strong advocate on your side for child custody issues

Regardless of how long one has been married to their partner, the decision to end the marriage is rarely an easy one for New York residents to make. Separating one's financial and emotional life from another person is a difficult process, and if there are children involved, it can end up being even more difficult. But, once couples make the decision to divorce, they often want to get through it as quickly as possible, so they can move on and try to put their life back together. However, important decisions such as child custody and visitation, as mentioned in last week's blog have to be made and are often contentious, delaying the process.

Can grandparents get visitation rights after a divorce?

There is a special bond between grandparents and their grandchildren that not many people can truly understand. Grandchildren turn towards them for advice and guidance and grandparents often provide a sounding board when guidance is needed. But, when the child's parents get a divorce and child custody and visitation plans are finalized, this bond is often overlooked-grandparents are sidelined and this can greatly affect a child who was once very close to their grandparent.

Key points about New York child custody and visitation hearings

In New York State, when there is a disagreement over custody and visitation of a child, it can be one of the most difficult issues to deal with. Emotions frequently become involved, the parents or other adults who are seeking custody and visitation can see their lives turned upside down, and the best interests of the children are often pushed off to the side rather than at the forefront where they should be. With a hearing centered around child custody and visitation rights, there are certain factors that must be understood.

Factors considered when determining best interests of the child

Certain terms are frequently thrown about in a child custody case in New York and the participants might not be aware of what they specifically mean. One is the "best interests of the child." Of course, everyone involved in the case is looking out for the child's best interests, but that could be defined by a variety of factors. Knowing how the state specifically addresses the best interests of the child with parenting time, child custody and more is essential.

Understanding legal and physical child custody in New York

For parents in Oneida County who are no longer together as a couple but share a child, child custody is crucial for decisions that are being made for the child, where the child will live and other issues. There are two different parts of custody that parents need to understand: legal custody and physical custody. Custody issues are usually only relevant until the child turns 18-years-old. The child's interests are the main focus when the court makes a decision. Without a court order, the parents will have equal rights to the child.

Conveniently Located To Better
Serve Our Clients

Office Location

Hobika Law Firm
1417 Genesee Street
Utica, NY 13501

Toll Free: 800-587-9559
Phone: 315-327-2849
Fax: 315-735-0521
Utica Law Office Map