How the Lockdown Affected Custody Battles

a little boy and a little girl

One of the more peculiar aftereffects of the coronavirus pandemic was the alarmingly increasing rates of divorce. Yep: more people got divorced during the pandemic than they did otherwise. In fact, it is even expected that divorce rates will rise even further after the pandemic is over. A divorce boom—as the BBC puts it—is in order.

Well, we can’t blame them. But there’s always bad news with the good. And here, the bad news is this: custody battles.

And those were seriously affected by the lockdown.

Difficulty Navigating Visitation Rights

Physical distancing was right off the charts once the world went into lockdown mode. Parents who were living with joint custody had to face the greatest complications. Emergency motions, travel restrictions, even unemployment—all became ab eventual roadblock.

Many couples who have been living separately had to face the ultimate question as lockdowns began: do we still allow our spouse to exercise their visitation rights? Of course, it’s a right—and it would be quite wrong to disallow that right, right?

Continuing Litigation

a sad woman

If visitation rights weren’t already an issue, some were dealing with litigations in process. Spouses can now file ex-parte motions, stopping their ex or separated spouses from visiting their children on the grounds of contagion fears.

Issues for Healthcare Workers

Healthcare workers already have too much on their plate to deal with: they are dealing with COVID patients on the frontlines, are directly exposed to the virus, and have extended work hours.

Add drawn-out custody battles to the mix, and you have a series of unfortunate events on your hands. With healthcare workers facing custody battles, what makes it harder is the fact that their exes can easily file for ex-parte motions. The scales aren’t tipped in favor of healthcare workers, and that makes everything a lot worse than it already is.

Coronavirus or Control?

Many exes who have tried to take undue advantage of the whole situation have acted as if the reason behind their reluctance to go ahead was the coronavirus. But was it really? Is it about the coronavirus—or about control?

More often than not, it’s about the latter. In the pandemic, family lawyers have also witnessed a sharp rise in emergency custody motions. Most of these have emerged due to battles for control—because it’s often a fight for control, not for custody.

An Oklahoma-based worker lost custody rights to her children earlier in the pandemic due to the same reasons—coronavirus fears. Dr. Theresa Greene’s husband filed for an emergency custody motion when she began taking care of coronavirus patients. Eventually, she lost custody of her four-year-old daughter. She did appeal the motion—and that, of course, takes time and money, which not many can afford in these times.

Facing Custody Complications Due to Coronavirus?

The Law Offices of Ledwidge & Associates, P.C. extends Family Law Services Queens, Brooklyn and other parts of  New York. If you are in the Queens, Brooklyn, Manhattan, Long Island, and Bronx regions, you can reach out to us for legal counsel and help.

 

How Quickly Can I Get a Divorce in New York?

an engagement ring

When it comes to divorces, you can’t get one quick enough. Sadly, divorces aren’t just about a man and woman cutting it off. Several factors are involved: the court, your documents, and your legal counsel. It is no longer between two individuals—and that means it will take some time to sort it out.

However, it will take some time. The only conciliatory thing we can say here is this: you have dealt with the toxic marriage all these years. A few more weeks can’t hurt—can’t hurt too much, we mean.

Factors That Draw Out a Divorce

While nobody wants a divorce that’s long and drawn out for no reason, these factors can seriously affect how your proceedings work out:

  • Children. The involvement of children means you need to work out the custodial issues, and it often gets ugly.
  • Property and other money-related issues. Dividing up estates and sorting out properties can often complicate matters.
  • Court complications. Not showing up for hearings and non-compliance with court orders, among other complications, can cause undue delays in a divorce.

Uncontested Divorces

a sad couple

Uncontested divorces take less time than contested divorces to be resolved. At the most, it takes 3 months for an uncontested divorce to sort out. Of course, this still takes some legal weightlifting and perhaps even the involvement of a judge. With a professional divorce lawyer on your side, you can resolve it in record time and move on with your life.

Contested Divorces

Contested divorces are the real tough nut to crack. It takes anywhere between 9 months and one year for a contested divorce to resolve. It really depends on the factors involved. Sometimes, given the ease of factors, these cases can even be resolved in as little as three months. At other times, it is dependent on the county you’re in. Regardless, good legal counsel can help smooth out the process.

Mediation Helps

One of the best parts about working with a legal counsel is the assurance that mediation becomes a greater possibility. If you truly want to shorten the length of your divorce proceedings—that, too, by months—you need a mediator or a legal counsel behind you. In cases where both parties agree to a divorce and to sort out their assets, the period is usually shorter. Since New York is a no-fault divorce state, you can get divorced on any grounds—given that both parties agree.

Get in Touch with a Divorce Lawyer Today

Divorces might be legal matters, but they don’t always have to involve a judge. All you do need, however, is legal counsel. The Law Offices of Ledwidge & Associates, P.C.  provides legal counsel and services for family law and divorce cases. If you are looking for Divorce Attorney Queens, Brooklyn we can be reached here.

Why Should You Sign a Prenuptial Agreement?

Not only are millennials getting married later in life but are also getting prenuptial agreements before they do. From using it to strengthen their marriage to creating a safety net for themselves, they haven’t shied away from signing prenups. In fact, there has been a significant increase in the number of millennials opting for prenups in recent years.

gold wedding bands representing the sanctity of marriage

Getting married soon? Here’s why you should consider signing a prenup:

To Clarify Your Financial Rights

One of the most common reasons for couples getting prenups is to get clarification of their individual financial rights once they’re married. You can decide how you wish to spend your money and what your financial responsibilities will be after marriage.

For example, if you earn more than your partner and want your income to be utilized a certain way, you can mention this in the prenup. Similarly, you can also determine the ownership of your properties, stocks, investments, bonds, bank accounts, and other assets.

To Avoid Conflicts in Case of Divorce

Many people are averse to prenups because of how unromantic they seem, especially if you just got engaged or are planning your wedding in full swing.

Signing a prenup doesn’t mean you already know that you’ll get a divorce. However, there’s no denying the fact that even the most successful marriages can end at any given point for whatever reason. Isn’t it better to be prepared for such circumstances than suffer disputes and arguments if you are to get divorced later?

With a prenup, you’re compelled to discuss the difficult and uncomfortable topics you’d rather not think about just yet. It may not be the most pleasant experience, but it’s definitely a safe option and comes very handy if a couple chooses to get divorced.

couple discussing their prenuptial agreement terms with a family lawyer

To Pass on Property to Children from a Previous Marriage

If you have a child from a previous relationship, you can use the prenup to decide what shares of your properties and assets are to go to them after your demise. A prenup agreement is a solid way of outlining exactly what you wish to happen to your property and how you wish for it to be divided among your children.

This is important as otherwise the surviving spouse will have claims to most of your property. If you have specific ideas about your wealth and property distribution among your family, prenup is the way to go.

Ledwidge & Associates offer Family Law Services Queens and Brooklyn.  Call our team 347-395-4799 for further assistance on prenuptials.