During a divorce, one of the most contentious issues that can arise is child custody. Given the built-up animosity, it’s not uncommon for one spouse to make threatening comments to the other during this tumultuous time. Many resort to weaponizing custody by claiming they will take the children away, creating an overwhelming burden no parent should have to bear. As such, it’s crucial to understand what you can do if your spouse threatens to take the kids during your divorce. If you are unsure how to proceed, you’ll want to continue reading and contact a knowledgeable Nassau County Child Custody Lawyer today.
How Does New York Handle Custody Matters?
When deciding custody matters in New York, the court will follow the “child’s best interest” standard. This means that they will prioritize the health, happiness, and security of a child above all else, including the desires of the parents. When possible, the court will try to award shared custody. This is because they believe it is in a child’s best interest to maintain a relationship with both parents unless there are compelling reasons that would prevent it. Alongside the child’s best interest, the court will consider the following factors:
- The health and age of each parent
- The child’s needs
- The income and earning capacity of each parent
- The child’s relationship with each parent
- The parent’s ability to communicate and cooperate
- The parent’s ability to provide a stable home
- How close the parents’ homes are to each other
- If there are any allegations of abuse, neglect, or substance abuse
- The child’s preference (if sufficient age and maturity)
- Any other factor deemed relevant by the court
What Should I Do if My Spouse Threatens to Take Our Children During a Divorce?
If your spouse threatens to take your children during your divorce, it can be stressful and frightening. However, it’s important to understand that unless your spouse has received a court order, they cannot take your children away or prevent you from seeing them. If they attempt to do so, it’s advisable to consult your attorney immediately so they can guide you through the necessary steps to protect your children and your legal rights.
If the threats escalate to a point where your children’s safety is at risk, your attorney can help you petition the court to secure a protective order or an emergency custody order. A protective order can restrict your spouse from contacting or coming near your children, whereas emergency custody can temporarily grant one parent custody based on the children’s best interests. It’s crucial to document every threat made by your spouse to use as evidence.
At the Law Offices of Eyal Talassazan, P.C., we understand how important it is to protect your children. Navigating this difficult situation is not something you have to do alone. Working with a seasoned Nassau County child custody lawyer from our firm is critical. Our legal team will do everything in our power to help you achieve the best possible outcome. Connect with us today to learn more.
