Father and children talking on sunny bench in backyard

Long Island Child Custody Lawyer

Of all the issues that must be addressed in a divorce, child custody is generally one of the most hotly contested. Because custody is a legal matter that is also so emotionally involved, it is important to make sure all of your bases are covered. This is why you should consider working with a family lawyer who can help represent your interests and assist you in seeking a child custody arrangement that suits you and your child’s needs.

As a Long Island family law firm with over two decades of experience in this field, we understand how to approach these issues with dedicated legal representation and the personalized service that our clients need and deserve. We understand that this is an important issue that will directly affect you and your children for years to come, which is why we are committed to helping you reach the outcome that’s best for you and your family.

Types of Child Custody in New York

When dealing with a child custody case, it is important to be aware of the different types of custody that are available to you: joint custody and legal custody. This knowledge can help you choose the best arrangement for your family.

Joint custody means both parents share equal rights and responsibilities, with the child often spending equal time with each parent and both contributing to key decisions about the child’s upbringing.

It’s important to distinguish between legal custody and physical custody. Legal custody grants a parent the authority to make decisions about the child’s education, healthcare, religious upbringing, and more. When shared, both parents have equal input. Physical custody determines where the child lives, which may be solely with one parent or divided between both.

How is Child Custody Determined in NY?

When a married couple gets a divorce, child custody may be determined in different ways. The most viable option is typically for the parents to come to their own arrangement regarding custody. An agreement reached outside of the courtroom allows each parent to look at their needs and the needs of the child in order to determine a fair arrangement that works best for everyone. If a divorce is contested and a judge is therefore given the power to decide upon a custody arrangement, the result may be different.

In some cases, however, it will be necessary to take a child custody dispute or a divorce to court. If this occurs, our firm has the experience and resources to properly represent your interests in front of the family law judge. The judge will take into account several different factors when forming a child custody order in a divorce case. Some of the factors include:

  • The child’s age
  • Sex of the child
  • The child’s health
  • The lifestyle of the parents (If a parent is a smoker or have habits that could affect the child)
  • The emotional bond between the child and each parent
  • The parent’s ability to provide financially and emotionally for the child
  • Environmental changes that would occur if the child was to be in custody of the parent
  • The child’s preference if he or she is 12 or older

The judge considers all of these things and determines what is in the best interest of the child and will make the order accordingly. It is crucial to have an experienced child custody lawyer by your side to present your case efficiently. Fortunately, if you’re reading this, you’ve come to the right place. Our legal team has decades of experience representing families facing child custody matters in New York, and we stand ready to put that experience to work for you.

Modifying Child Custody in New York

Modifying child custody in New York is a legal process that may become necessary when there is a significant change in circumstances affecting the well-being of a child. While initial custody orders aim to serve the child’s best interests, life changes for both parents and children, sometimes necessitating adjustments.

To modify an existing custody order, a parent must demonstrate a substantial change in circumstances since the last order was issued. This could include a major relocation, a parent’s remarriage, changes in the child’s needs, or concerns about a parent’s fitness due to issues such as substance abuse or neglect. The requesting parent must provide compelling evidence that the modification will better serve the child’s welfare.

Importantly, courts do not take custody modifications lightly. The stability and continuity of the child’s environment are highly valued, so the burden of proof is often high. Both parties may need to present their cases, and a judge will make a determination based on what remains in the child’s best interests.

Working with an experienced child custody attorney is crucial in these cases. A skilled lawyer can gather evidence, prepare your case, and advocate effectively to ensure your child’s needs are fully represented in court.

Contact a Nassau County Family Lawyer

Don’t face a child custody matter of any kind on your own. Turn to a skilled and compassionate child custody lawyer from the Law Offices of Jay D. Raxenberg P.C. who can effectively represent you and your child’s best interests.

Read Our Blogs
Website Designed & Managed by