Child Custody Attorneys in Nassau County

Helping Clients Throughout Long Island and New York Arrive at Solutions

Whether married or not, separation can be a stressful and emotional time for parents and their children. We recognize that protecting the parent-child relationship will often be the most pressing concern for divorcing or separating parents.

To speak with a Nassau County child custody lawyer, contact us online or give us a call at (516) 447-8977 today. 

Legal Custody in New York

Legal custody refers to the right to make what is often termed “major decisions” about your child for matters such as medical care, education, and religion.

The term “joint legal custody” refers to decision-making — the parties can have equal authority to make decisions about these types of issues.

While the parents can agree to joint legal custody and joint decision-making, a New York court may be less likely to impose this in a litigated matter upon parents who cannot work together or communicate.

However, parents and courts recognize that each parent has the right to participate in the process. Even if one parent has decision-making authority, that parent will usually be required to consult with the other parent in a meaningful manner before making the decision.

“Zones” or “spheres” of influence are a way of dividing the decision-making authority. In cases where the parties are not completely at odds with each other but often disagree, they can stipulate, or courts can order, that each party have an area of decision-making. This allows each parent to remain fully involved with the child(ren), and each can use their knowledge and experience to benefit each child. For example, one parent may have final decision-making as to medical issues, and the other as to educational issues.

Our New York family lawyers understand the importance of limiting the stress of the process on your children, which means working toward amicable custody orders that reduce conflict and confusion.

Factors in Custody Cases

Although our lawyers recognize the advantages of a mutually agreeable custody agreement, some cases require litigation because of a parent’s lack of cooperation or the existence of complicated issues, such as allegations of abuse, domestic violence, or substance abuse. 

When the parties cannot reach an agreement, the judge will craft custody orders based on the “best interest of the child” and will consider many factors, including:

• Primary caretaker: The judge often will favor the parent who was the primary caregiver prior to the separation of the parties.
• Maintaining the status quo: Because children face significant transitions during a divorce, the judge will try to promote stability. If a parent voluntarily moves out of the family home, a parent remaining with the child(ren) may have an advantage.
• Substance abuse: If either parent has an issue with alcohol or drug misuse, this factor will favor in granting custody to the other parent.
• Domestic violence: If a parent is shown to have engaged in acts of domestic violence against the other parent, the offending parent will be less likely to be granted custody.
• Keeping siblings together: The court will try to keep siblings in the same household when possible.
• Court’s observation of the parents: If one party shows a greater willingness to promote a positive relationship between the other parent and their children, the judge will consider this behavior.
• Conditions in the home: The judge will consider issues that affect the child’s health and safety within each home.
• Parental finances: While the court will consider financial obstacles like the inability of a parent to afford a place to live, the courts do not award custody based on the relative affluence of one parent compared to the other.
• Physical/mental health of the parents: If a parent has an untreated mental illness or suffers from a severe physical disability or illness, their health might be a factor causing a court to favor the other party.
• Past abuse or neglect: If a parent has a history of abuse, neglect, abandonment, or interference with visitation, this history will weigh against the perpetrating parent.
• Educational opportunity: The court will consider the ability of each parent to offer superior educational opportunities.
• Childcare arrangements: If both parents work, the court might favor the party with superior childcare arrangements.
• Preference of the child: The court will consider a child’s preferences based on the child’s age, but the weight given to any preference will depend on whether the child has a sound justification.

The judge must consider evidence involving the totality of these factors and any other relevant information when crafting custody orders. The subjective nature of these evaluations makes it essential to gather and present a compelling case for your position based on these factors.

You may have heard the terms “law guardian” or “attorney for the child.” In most contested custody cases, the court will appoint an attorney to represent the child(ren). The child(ren) will have a voice in the process.

You may have also heard the term “forensic expert.” In many contested custody cases, the court will appoint a neutral mental health expert to evaluate various issues related to custody and to render a report to the court to assist in reaching a final determination.