What is the Meaning of Full Custody in New York City?

Navigating the complex world of child custody can be overwhelming for parents in New York City. Understanding the legal terminology and the implications it holds is crucial for ensuring the well-being and stability of children. One term that frequently arises in custody disputes is “full custody.” In this article, we will delve into the meaning of full custody in New York City, shedding light on its significance and the potential impact it can have on both parents and children.

When facing a custody battle, it is vital to seek the guidance and support of a knowledgeable New York family law attorney. At The Law Office of Richard Roman Shum, our New York child custody lawyers provide invaluable assistance by explaining the intricacies of the various forms of custody, ensuring that parents understand the rights and responsibilities associated with those arrangements. Our team will guide you through the legal process, helping you prepare a compelling case to present before the family court. Contact us today at (646) 259-3416 to schedule a consultation.

Definition of Full Custody

In the context of family law, full custody, also known as sole custody, implies that one parent is granted the exclusive right and responsibility for making decisions about the child’s welfare. This includes making decisions related to the child’s education, medical care, religion, and other aspects of their upbringing.

Full custody may consist of both physical and legal custody. Physical custody encompasses where the child primarily resides and who is responsible for their day-to-day care, whereas legal custody refers to the authority granted to a parent to make essential decisions for their child’s well-being.

In some cases, a parent may be awarded full physical custody while still sharing legal custody with the other parent. In other cases, one parent may have both full physical and legal custody, limiting the other parent’s rights and responsibilities.

Difference Between Full Custody and Joint Custody

The main difference between full custody and joint custody lies in the distribution of decision-making authority and the child’s residence.

In full custody, one parent has exclusive control over the child’s upbringing, including the right to make decisions about their education, healthcare, and religious practices. This parent also has primary physical custody, meaning the child resides with them most of the time. The non-custodial parent may have visitation rights but does not have the same level of control over the child’s life.

On the other hand, joint custody allows both parents to share responsibilities for their child’s care and participate in the decision-making process. Joint custody can be split into joint physical custody, joint legal custody, or a combination of both. In this arrangement, both parents are expected to work together for the child’s best interests.

Determining the suitable custody option for your family is a complex process, often involving negotiations, mediation, or courtroom trials. In New York, judges prioritize the child’s best interests when deciding custody matters. Factors influencing their decision may include the child’s age, parents’ ability to cooperate, each parent’s parenting skills, and any history of domestic violence or abuse.

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The Legal Process of Obtaining Full Custody in NYC

Obtaining full custody in New York City follows a legal process that involves several steps. It’s important to note that custody cases can vary depending on the specific circumstances and the best interests of the child involved. Here is a general overview of the process:

• Consult with an attorney: It’s recommended to consult with an experienced family law attorney who specializes in custody cases. They can guide you through the process and provide legal advice based on your unique situation.
• Filing a petition: The first step is to file a petition for custody with the Family Court in the appropriate jurisdiction in New York City. You will need to provide information about yourself, the child, and the reasons why you are seeking full custody.
• Serve the other parent: After filing the petition, you must have a copy of the petition and a summons served on the other parent. Proper service ensures that the other parent is aware of the custody case and has an opportunity to respond.
• Preparing for court: Both parties may be required to attend mediation or counseling sessions to attempt to reach an agreement on custody. If an agreement is not reached, the case proceeds to court.
• Court appearances: The court will schedule appearances to gather information and make decisions regarding custody. These appearances may involve presenting evidence, witness testimony, and arguments from both sides. The court will consider factors such as the child’s best interests, the parent-child relationship, the physical and mental health of the parents, and other relevant factors.
• Investigation and evaluation: In some cases, the court may order an investigation or evaluation by a court-appointed professional, such as a social worker or psychologist. The evaluator will assess the child’s living situation, relationships with parents, and other relevant factors, providing a report to the court.
• Custody determination: Based on the information presented during the hearings and any professional evaluations, the court will make a custody determination. The court may award sole custody to one parent or joint custody, depending on what is deemed to be in the best interests of the child.
• Custody order: If you are granted full custody, the court will issue a custody order outlining the rights and responsibilities of each parent. The custody order may include provisions related to visitation, decision-making authority, and other relevant matters.

It’s important to consult with an attorney to understand the specific requirements and procedures in your case. Family law can be complex, and an attorney can provide guidance tailored to your situation to help you navigate the process effectively.

Factors Considered by the Court in Custody Decisions

When it comes to determining custody arrangements in divorce or separation cases, various factors are considered to ensure the well-being and best interests of the child. Courts carefully evaluate multiple aspects of the parents’ lives and their ability to provide stability. In custody disputes, the court or voluntary agreement typically favors the parent who was initially awarded custody. If one parent has been primarily responsible for raising the child during a period when the other parent was absent from the home, the court will prioritize maintaining stability for the child by keeping them in their current living situation rather than switching custody to the other parent.

Child Care Arrangements

When both parents have work obligations, the parent with better childcare arrangements is often given priority in custody decisions. If one parent can demonstrate significantly superior childcare arrangements compared to the other, it may influence the custody arrangement.

Primary Caretaker

The parent who served as the primary caretaker of the child prior to the divorce or separation may be granted priority in custody disputes. For instance, if one parent dedicated substantially more time to childcare while the other parent worked or engaged in other activities, the parent who acted as the primary caretaker is more likely to be awarded custody.

Drugs and Alcohol

Evidence of substance abuse can impact the custody decision, with a parent struggling with drug or alcohol misuse being less likely to receive custody. The court will take into account the well-being and safety of the child when determining custody arrangements.

Mental Health of the Parents

Untreated mental illness, personality disorders, emotional instability, or poor parenting skills may influence the custody award. A parent experiencing such conditions is less likely to be granted custody due to concerns about their ability to provide a stable and nurturing environment for the child.

Physical Health of the Parent

If a severe physical illness or disability significantly hampers one parent’s capacity to care for the child, it may affect the custody decision. The parent suffering from such a condition may be less likely to receive custody, as the court considers the child’s well-being and the ability of each parent to meet their needs.

Spousal Abuse

Instances of domestic violence committed by one parent against the other, especially in the presence of the child, will have a considerable impact on the custody decision. The parent who engaged in abusive behavior is less likely to be awarded custody due to concerns for the safety and well-being of the child.

Abuse, Neglect, and Abandonment

Evidence of child abuse, neglect, abandonment, or persistent interference with the other parent’s visitation rights can significantly influence custody arrangements. A parent who has been found to engage in such behaviors is less likely to receive custody, as the court prioritizes the child’s safety and welfare.

Child’s Preference

Depending on the child’s age, their preference to live with one parent may be taken into consideration. However, the court carefully examines the reasons behind the child’s preference. If the child’s choice is based on a parent who fails to provide proper discipline or set appropriate boundaries, the court may find that living with that parent would not be in the child’s best interest.

Finances of Each Parent

The court considers the financial ability of each parent to provide for the child’s needs. If one parent is unable to afford suitable housing or meet the child’s basic necessities, it may negatively impact their chances of receiving custody.

Conditions in the Home Environment

Courts prioritize placing the child in a safe and healthy environment. If one parent’s household poses potential dangers, such as a violent new partner, frequent parties, or hazardous items, it could affect the custody decision. The parent residing in an unsafe environment is less likely to be granted custody to ensure the child’s well-being.

Educational Opportunities

The court may consider the educational opportunities offered by each parent. If one parent can provide significantly better educational options, such as access to an excellent school or meeting the child’s specific educational needs, it may influence the custody decision in their favor.

Where the Child’s Siblings Live

Courts strive to keep siblings together whenever possible. If the child has siblings or half-siblings living with one parent, it may affect the custody decision, as maintaining sibling relationships is considered beneficial for the child’s well-being.

Court’s Observations of the Parents

The court pays attention to the behavior of both parents during court proceedings. They are more inclined to grant custody to the parent who demonstrates a willingness to foster a healthy relationship between the child and the other parent. The court values a cooperative and supportive attitude that prioritizes the child’s best interests and a stable and nurturing environment.

Full Custody Modification in NYC

In New York City, child custody orders can be modified if there is a substantial change in circumstances or the current arrangement is no longer in the child’s best interest. This section will discuss when and how to request a custody modification, as well as options for enforcing a full custody order when a parent is not abiding by the terms.

When to Request a Custody Modification

There are several reasons a parent may need to request a custody modification. These can include changes in a parent’s living situation, employment, or health, or concerns about the child’s well-being and safety. Below are some examples of when a custody modification may be appropriate:

• One parent has experienced a significant change in health, impacting their ability to care for the child.
• The child’s needs have changed, and the current custody arrangement no longer meets those needs.
• One parent has become involved in illegal activities or develops a substance abuse issue.
• One parent intends to relocate, which would make the current custody arrangement difficult or impossible to maintain.
• There is evidence of abuse or neglect by one parent, necessitating a change in custody to protect the child.

In such circumstances, the parent seeking the modification must prove that the change in circumstances warrants a change in custody and that the modification would be in the child’s best interest.

Reasons for Custody Modification	Examples	Actions Taken
Parent’s change in health	Serious illness or disability, mental health issues	Request medical evaluation, obtain medical records, present evidence of health condition
Child’s changing needs	Specialized care or therapy requirement, educational changes	Obtain expert evaluations, present evidence of changing needs, propose modified custody plan
Parent’s involvement in illegal activities or substance abuse	Arrest for drug-related offenses, involvement in criminal activities	Gather police/court records, collect witness statements, provide substance abuse documentation
Parent’s intent to relocate	Job offer in another state, relocation far from child’s residence	Verify relocation intent, assess impact on child’s well-being and visitation rights, suggest alternative custody/visitation arrangements
Evidence of abuse or neglect	Reports of physical/emotional abuse, signs of neglect or inadequate care	Document instances of abuse/neglect, gather witness testimonies, involve child protective services, seek restraining order or protective measures

Working with a New York Child Custody Attorney

Navigating the complexities of child custody laws in New York City can be overwhelming, which is why seeking the assistance of a New York child custody attorney is highly recommended. An attorney widely experienced in family law can provide invaluable guidance and support throughout the entire custody process.

At The Law Office of Richard Roman Shum, family law attorney Richard Roman Shum and our team of New York child custody lawyers may be able to help gather evidence, build a strong case, and advocate for your interests in court. We can represent you during negotiations and hearings, skillfully presenting arguments and ensuring that your concerns and desires are properly addressed.

Contact The Law Office of Richard Roman Shum today at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/what-is-the-meaning-of-full-custody-in-new-york-city/

How Far Can a Parent Move with Joint Custody in New York?

Joint legal custody is a common arrangement in family law where both parents share the legal responsibility for raising their children, even though the children may reside primarily with one parent. However, these arrangements can often be difficult to navigate, especially when one parent wishes to relocate. In New York State, parents with joint custody must adhere to strict guidelines when deciding how far a parent can move while still maintaining joint custody agreements. It is important for parents to understand these guidelines to avoid legal disputes and potentially damaging effects on their children.

When it comes to resolving disputes related to child custody and relocation, seeking the assistance of a knowledgeable New York child custody attorney can prove invaluable. At The Law Office of Richard Roman Shum, divorce lawyer Richard Roman Shum and our team of experienced Manhattan family law attorneys may be able to provide critical guidance and advocacy during the legal process. From interpreting state laws and regulations to negotiating with the other parent and representing your interests in court, our team can help ensure that your rights as a parent are protected. Contact us today at (646) 259-3416 to learn more about how we can help.

Definition of Joint Custody in New York

When parents with children get divorced, the issue of child custody often becomes contentious. In New York, joint custody is defined as an arrangement in which both parents have legal and physical custody of the child. Legal custody entails the right to make major decisions for the child, while physical custody deals with where the child will primarily reside. 

In joint custody arrangements, both parents share these responsibilities. This ensures that both parents have a say in important decisions that affect their child’s future, such as education, healthcare, and religion. New York law requires both parents to form an agreement on joint custody, and it must be in the best interest of the child for a judge to approve it.

Types of Joint Custody in New York

When it comes to joint custody, New York recognizes two types: joint legal custody and joint physical custody. 

Joint legal custody refers to both parents having an equal say in important decisions that affect their child’s life, such as medical care and education. Joint physical custody, on the other hand, refers to the amount of time each parent spends with the child. It is possible for parents to have joint legal custody but not joint physical custody, or vice versa. 

In some cases, joint legal and physical custody may be granted. However, this is only done if it is in the child’s best interests, which can be determined by various factors, including the parents’ ability to cooperate and communicate effectively to make decisions regarding their child’s well-being.

Factors Considered in Determining Joint Custody

When determining joint custody arrangements in New York, there are several factors that the court will consider. 

Co-Parenting Abilities

The ability of parents to effectively co-parent remains crucial even when they no longer live together. It is important to recognize that co-parents may occasionally have minor disagreements, as even married parents may not always see eye to eye on parenting decisions. However, the court requires assurance that both parents are capable of working through these disagreements and making compromises that result in mutually agreed-upon decisions. If one parent consistently undermines the other and fails to prioritize the child’s best interests over their own agenda, it raises concerns during the court’s evaluation.

Emotional and Physical Capacity

The court will also evaluate whether both parents have the emotional and physical capacity to adequately care for the child. For example, a parent struggling with substance abuse issues may be unable to provide the necessary stability and care that the child requires.

Consistency

Children thrive when they have consistency in their lives, which fosters a sense of security. Knowing the parent’s regular schedule for coming home, dinner, bedtime routine, and other predictable aspects of their daily life is crucial for a child’s well-being. If a parent is unwilling or unable to adjust their lifestyle to meet these needs, the court will take this into consideration, significantly reducing their chances of obtaining custody.

History of Domestic Violence

If a parent has a documented history of domestic violence towards the other parent or the child, it is highly unlikely that they will be granted custody. In such cases, the court often grants limited visitation rights, and depending on the severity of the violence, may even require supervised visitation.

Ultimately, the court will strive to create a custody arrangement that is in the child’s best interests while also taking into account each parent’s rights and responsibilities. It is important for parents to present evidence and arguments in court that support their case for joint custody and show that they are capable of meeting their child’s needs.

Factors Considered in Determining Joint Custody	Description
Co-Parenting Abilities	The ability of parents to effectively co-parent and make mutually agreed-upon decisions.
Emotional and Physical Capacity	Evaluation of both parents’ emotional and physical capacity to provide adequate care for the child.
Consistency	The ability of a parent to provide consistency and stability in the child’s daily life.
Prior Domestic Violence	Any documented history of domestic violence towards the other parent or the child.

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Parental Relocation Laws in New York

Parental relocation refers to the act of a parent with custody moving from their current residence to a new one. In the context of joint custody arrangements in New York, parental relocation can have significant consequences for the non-moving parent, the child, and the overall arrangement. It is important to differentiate between relocation that is within the same geographical area and relocation that involves a significant distance.

Laws Governing Parental Relocation in New York

When a parent with custody of a child decides to relocate, it can potentially disrupt the regular parenting time of the non-custodial parent and limit the child’s access to them. Child custody orders and agreements typically address the issue of relocation. In some cases, a judge may require or the parents may agree that the custodial parent must remain within a specific geographical area, such as a city or borough. If the child custody order does not include provisions for relocation, the custodial parent will need to seek permission from the court to move.

Even if the agreement grants the right to move, it is recommended for the custodial parent to establish a new parenting time arrangement with the non-custodial parent or obtain a court order to ensure the move is approved. The court’s primary consideration in such cases is the best interest of the child. Factors that the court will consider when deciding on relocation include:

• The reasons behind each parent’s desire to either relocate or oppose the relocation.
• The quality of the child’s relationship with each parent.
• The potential impact of the move on the child’s future contact with the non-custodial parent and any siblings (if separating siblings can be avoided, the court may prefer that).
• The potential improvement in the child’s life, including financial, emotional, and educational aspects, as a result of the relocation.
• The ability to maintain a positive relationship between the non-custodial parent and the child through alternative visitation arrangements.

In any situation involving relocation, it is generally recommended for the custodial parent to obtain written confirmation from the non-custodial parent consenting to the move or to obtain a court order allowing the relocation to proceed.

Notice Requirements for Parental Relocation

Notice requirements for parental relocation are an essential component of joint custody arrangements in New York. According to New York law, a parent intending to relocate with a child after a divorce or separation must provide written notice to the other parent within a specific time frame. The notice must contain the intended date of relocation, the address of the new residence, and the reasons for the move. 

It is important to note that a failure to provide written notice could result in a modification of custody arrangements or even contempt of court. Moreover, the notice must be sent by certified mail, return receipt requested, or by personal delivery with proof of receipt. The receiving parent has legal remedies to challenge the proposed relocation, such as filing an objection with the court or seeking an expedited hearing. In some cases, the parties may attempt to reach an agreement which considers the best interests of the child, such as a revised schedule of visitation. 

However, absent an agreement, the court will review the circumstances under the factors considered in determining parental relocation in making a final determination.

Factors Considered in Determining Parental Relocation

When a parent with joint custody wishes to relocate with their child, the court must consider several factors before allowing or denying the move. Some of the factors that will be taken into account include:

• Child’s relationship with both parents
• Impact on the child’s education and social life
• Ability of the non-moving parent to maintain a relationship with the child
• Availability of alternative arrangements for the child to maintain a relationship with the non-moving parent
• Past and present fitness of each parent
• Favorability of the moving parent’s employment and economic opportunities compared to the non-moving parent in New York
• Special needs or talents of the child
• Quality of schools, medical facilities, and other services in both locations
• Any other factors relevant to the best interests of the child 

Overall, the court will always prioritize the well-being of the child when making a decision about relocation.

Importance of Consulting with a Skilled New York Child Custody Attorney for Parental Relocation Cases

It is incredibly important for parents dealing with joint custody and parental relocation cases in New York to consult with an experienced attorney. These cases can often be complex and emotionally charged, and having a knowledgeable legal professional on your side can make all the difference. An attorney can help you understand your rights and obligations under New York law, as well as the many factors that the court will consider when making decisions about parental relocation. They can also provide guidance and support throughout the process, from negotiating with your co-parent to representing you in court if necessary.

At The Law Office of Richard Roman Shum, our skilled New York family lawyers may be able to help parents navigate the intricacies of joint custody and parental relocation cases in a compassionate and understanding manner. Our team understands the emotional toll that these cases can take on families and strive to provide personalized attention and guidance tailored to each client’s unique situation. Whether it involves negotiating a fair custody arrangement or presenting a strong case in court, the attorneys at The Law Office of Richard Roman Shum are dedicated to achieving the best possible outcome for their clients and ensuring that their children’s needs are prioritized throughout the process. Contact us today at (646) 259-3416 to schedule a consultation.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/how-far-can-a-parent-move-with-joint-custody-in-new-york/

Is Virtual Infidelity a Ground for Divorce in New York?

The way we communicate, socialize, and build relationships has been drastically transformed by technology. Virtual platforms and online interactions have complicated the common conception of infidelity. These technological evolutions also complicate previously more straightforward questions about infidelity within a marriage, what can be used against you in a divorce, and the potential legal consequences. This article explores whether virtual infidelity can be considered a valid reason for divorce in the State of New York.

Dealing with divorce and its intricacies, especially in relation to emerging issues like virtual infidelity, can be overwhelming. New York has specific statutes that govern divorce, making it crucial to seek the guidance of a knowledgeable and experienced New York divorce attorney. Manhattan divorce lawyer Richard Roman Shum can provide valuable assistance by offering insights into the legal framework surrounding virtual infidelity, assessing its relevance in your specific divorce case, and helping individuals understand their rights and available options. From gathering evidence to advocating for their clients’ interests, our team of New York divorce attorneys may be able to navigate the complexities of New York divorce law and offer personalized guidance tailored to each individual’s circumstances. Call us today at (646) 259-3416 to schedule a consultation.

Definition and Types of Virtual Infidelity

Virtual infidelity can be defined as engaging in emotionally or sexually intimate interactions via the internet, without the partner’s knowledge or consent, that violates the trust and boundaries of a committed relationship. The nature of these interactions can range from casual flirtations to deep emotional connections or explicit sexual conversations. Given the diverse nature of online interactions, virtual infidelity can take different forms:

• Online flirting: This includes sending flirtatious messages, suggestive emojis, or engaging in playful banter with someone other than the partner. While seemingly innocuous, these interactions may lead to more intense emotional connections if unchecked.
• Emotional affair: An emotional affair happens when one person forms a deep emotional connection with someone else, often sharing intimate thoughts, feelings, and secrets that are typically reserved for their committed partner.
• Cybersex or sexting: This involves sending explicit sexual content, such as messages, images, or videos, to someone other than the partner. This is considered as a form of virtual infidelity because it breaches the boundaries of a committed relationship by engaging in sexually explicit conversations and fantasies with another person.
• Online dating or hookup apps: Using these platforms to look for potential partners or engage in conversations with other users can be considered virtual infidelity, as it expresses a desire to explore relationships or encounters outside of the committed partnership.

Types of Virtual Infidelity	Description
Online flirting	Sending flirtatious messages, suggestive emojis, or engaging in playful banter with someone other than the partner
Emotional affair	Forming a deep emotional connection with someone else, often sharing intimate thoughts, feelings, and secrets typically reserved for the committed partner
Cybersex or sexting	Sending explicit sexual content, such as messages, images, or videos, to someone other than the partner
Online dating or hookup apps	Using platforms to look for potential partners or engage in conversations with other users outside of the committed partnership

Common Reasons for Virtual Infidelity

The reasons for virtual infidelity may vary from person to person but some common factors include the following:

• Access and anonymity: The internet provides an easily accessible platform for people to engage in secretive interactions without the fear of being caught.
• Emotional dissatisfaction: A person may seek out online interactions due to feelings of emotional neglect or dissatisfaction in their current relationship.
• Sexual dissatisfaction or exploration: A partner may use the internet to explore sexual fantasies or desires that they do not feel comfortable sharing with their partner or that they cannot fulfill within their current relationship.
• Escapism: Virtual infidelity may serve as a temporary means of escape from the stress, monotony, or challenges faced in the real world.
• Validation and self-esteem: Engaging in online affairs or flirtations can offer a sense of validation or boost one’s self-esteem, particularly if they feel undervalued or unappreciated in their relationship.

Psychological Impact of Virtual Infidelity on Relationships

Virtual infidelity can have serious consequences on relationships, particularly in terms of trust, security, and emotional connection. Some of the potential impacts include:

• Betrayal and loss of trust: Discovering a partner’s involvement in online infidelity can lead to feelings of betrayal, resulting in the erosion of trust between partners, which can be difficult, if not impossible, to rebuild.
• Guilt and shame: The partner engaging in virtual infidelity may experience feelings of guilt and shame for their actions, which can in turn impact their emotional well-being and ability to form genuine connections within their relationship.
• Jealousy and insecurity: The offended partner may develop feelings of jealousy and insecurity, questioning their self-worth, attractiveness, and desirability.
• Communication breakdown: Virtual infidelity can lead to a breakdown in open and honest communication between partners, affecting their ability to resolve issues and grow together as a couple.
• Relationship dissatisfaction: The strain caused by virtual infidelity can lead to increased dissatisfaction and unhappiness in the relationship. In some cases, this may ultimately result in the end of the partnership.

In summary, virtual infidelity is a complex issue that can have significant consequences on relationships. Understanding the various types of virtual infidelity, the reasons behind it, and its psychological impact on a couple is crucial for maintaining trust, open communication, and emotional connection in today’s digitally connected world.

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Virtual Infidelity as a Ground for Divorce in New York

In recent times, the usage of technology and social media platforms has transformed human relationships. One of the dark sides of this transformation is the prevalence of virtual infidelity, which has become a point of contention when it comes to divorce proceedings. As society and technology continue to evolve, how has virtual infidelity been treated by courts in New York State, particularly when it comes to divorce cases?

Is Virtual Infidelity Considered Adultery?

Given the prevalence of virtual infidelity, the first question that arises is whether it can be considered adultery under New York law. Adultery is defined as one spouse engaging in a voluntary sexual relationship with a person other than their spouse. In New York, adultery is one of the legal grounds for seeking a divorce.

Underestimating the magnitude of the repercussions stemming from an online affair would be a mistake, as virtual infidelity has the potential to cause substantial emotional distress and upheaval comparable to that of a physical affair. If you are considering seeking a divorce based on virtual infidelity, it is crucial to bear in mind the following points:

• In New York, virtual infidelity is acknowledged as adultery under the law.
• It is imperative to collect evidence that supports the existence of the affair.
• The court will assess various factors to decide whether to grant a divorce on these grounds.

How Virtual Infidelity Could Factor into Divorce Cases

New York State introduced no-fault divorce in 2010, allowing couples to divorce under the grounds of irretrievable breakdown of the marriage for at least six months. In no-fault divorce cases, spouses do not need to cite a specific reason, such as adultery, to end a marriage.

In these scenarios, instances of virtual infidelity could contribute to a case for demonstrating the irretrievable breakdown of the relationship. It can be considered as evidence in divorce proceedings and may influence factors such as the division of assets or custody agreements.

Furthermore, if virtual infidelity leads to real-world adultery, then it could become grounds for an adultery-based divorce. In these cases, it would be essential to provide sufficient evidence that physical sexual relations occurred between the spouse and another person.

Impact of Virtual Infidelity on Divorce Outcomes

Virtual infidelity is the act of one partner engaging in a digital or online relationship outside of their current marriage or committed partnership. With the prevalence of social media, chat rooms, and dating apps, it is becoming increasingly common for couples to experience virtual infidelity within their relationships. While traditional notions of infidelity often involve physical relationships outside of marriage, virtual infidelity can also lead to the breakdown of trust between partners and contribute to the dissolution of a marriage. As such, it is also possible for virtual infidelity to impact

Division of Assets and Marital Property

In many divorce cases, a significant focus is on the division of assets and marital property, which can include real estate, vehicles, retirement accounts, and other assets accumulated during the marriage. In some jurisdictions, the division of assets can be heavily influenced by evidence of infidelity on the part of one spouse. However, virtual infidelity alone may not directly impact the division of assets in the same way that physical infidelity could.

Whether virtual infidelity will impact the division of assets depends largely on the specific laws of the jurisdiction in which the divorce is taking place. In New York, evidence of infidelity (including virtual infidelity) can be presented in court to support a claim for an unequal division of assets in cases where adultery is the grounds used to file a divorce. 

However, if the spouses decide to use no-fault grounds to file the divorce, the specific reasons for the divorce (such as virtual infidelity) may not directly impact the division of assets. In these cases, the judge may decide based on factors such as the length of the marriage, the contributions of each spouse, and the needs of each spouse moving forward.

Child Custody and Visitation Rights

Another critical aspect of divorce proceedings is the determination of child custody and visitation rights. While virtual infidelity may not directly impact the division of assets, it could play a role in a judge’s determination of the best interests of the child or children involved.

In cases where one spouse is engaging in virtual infidelity, the other spouse may argue that such behavior demonstrates a lack of judgment or poor character on the part of the unfaithful partner. Depending on the specific circumstances of each case, a judge may weigh this information when considering the child’s best interests and determining which parent should receive primary custody and how visitation rights should be allocated.

For virtual infidelity to have an impact on child custody and visitation rights, there will likely need to be evidence of a direct connection between the infidelity and the child’s best interests. For example, if it can be proven that one spouse exposed the child to inappropriate online content or neglected their parenting duties due to their online activities, this may be more likely to sway a judge’s decision.

Spousal Support and Alimony

Spousal support and alimony are financial payments made from one spouse to the other following a divorce. In some cases, these payments are intended to help the receiving spouse maintain a certain standard of living or to provide financial support while they transition to a post-divorce life.

In a fault-based divorce, evidence of virtual infidelity may be taken into account when determining the amount of support or alimony payments. The unfaithful spouse may be required to make higher payments to the wronged spouse as a form of restitution.

In a no-fault divorce, virtual infidelity may not directly impact spousal support or alimony. However, judges may still consider factors such as the length of the marriage, the income potential of each spouse, and the financial needs of each spouse when determining an appropriate amount of support or alimony.

Getting the Legal Help of an Experienced Manhattan Divorce

When facing a situation involving virtual infidelity and contemplating a divorce in New York, seeking the guidance of a Manhattan divorce lawyer can be immensely beneficial. A skilled divorce attorney can provide essential legal counsel and representation throughout the divorce process, ensuring that your rights are protected and advocating for your best interests.

Attorney Richard Roman Shum and our team of experienced Manhattan divorce lawyers may be able to assess the circumstances surrounding your case, gather evidence if necessary, and effectively argue for your position during negotiations or court proceedings. Contact the Law Office of Richard Roman Shum today at (646) 259-3416 to learn more about how we can help.

from Law Office of Richard Roman Shum, Esq. https://www.romanshum.com/blog/is-virtual-infidelity-a-ground-for-divorce-in-new-york/