Child Custody Attorney
In Nassau County
Trying to get custody of your child?
If your separation or
divorce involves minor children, the issue of child custody will be an integral
part of your divorce proceedings. Divorce is difficult for everyone involved,
especially for the children of the divorcing couple.
Jason M. Barbara & Associates, P.C., we help our clients with child custody issues that carry various complications.
Schedule a free case evaluation with our
Nassau County divorce lawyer if you require legal assistance with your child custody issue.
Contact us today to get started on your
free case evaluation.
How the Courts Make Their Decision
Despite the common belief that the mother will more likely win custody,
the results of a
child custody dispute are never a foregone conclusion and they can become very complicated.
Many considerations are made by the court when deciding a particular child
Children under the age of 18 will be under the court's jurisdiction
when deciding custody. Parents, however, may continue to involve an older
child in disputes regarding spousal support for assistance with educational
costs, medical expenses, and medical insurance.
Can a Child Choose in a New York Custody Case?
Factors That Are Included In The Court's Decision
When determining what is best for the child or children, the court will
consider many factors, including:
- The age of the child (or children)
- Whether one parent has been the primary caregiver of the child
- Whether the child has any special needs
- The parenting skills of each parent
- The mental and physical health of the parents
- Whether there is any history of domestic violence
- The work schedules and job demand of each parent
- The proposed child-care plans of each parent
- The child's own preference, depending on his or her age
Types of Custody
Custody relates not only to where the child resides (residential or physical
custody), but who is given the right and responsibility to make decisions
for the child (legal custody).
Legal custody involves the making of medical decisions and the ability to make decisions
about the child's education. In many cases, both parents will want
to share in these responsibilities, in which case they will have a joint
custody agreement if the court agrees. In most cases, courts prefer that
both parents continue to develop a positive relationship with the child
The court may award
sole custody to one parent in cases in which one parent may not want custody or may
believe that the other parent is not fit to have either physical or legal
custody. Sole custody does not relieve the non-custodial parent of his
or her child support responsibilities. The non-custodial parent may also
be able to obtain visitation rights, which the custodial parent must honor.
Special conditions may be attached to visitation, such as requiring a
third-party supervisor for a parent who has a history of substance abuse,
domestic violence, or mental instability.
In some cases, neither parent may be fit to care for the children. In this
situation, other interested parties, such as grandparents, aunts, uncles,
or even more distant relatives, may apply for custody.
These parties may also seek custody when the parents have abandoned, neglected
or abused the children, and if the third-party or parties can demonstrate
that granting custody to them would serve the
best interest of the child or children.
Contact Jason M. Barbara & Associates, P.C.
We have represented many clients in their custody battles as they have
split from their spouses and have helped them obtain the best results.
By drawing from our considerable experience and deep understanding of
how the family court system and laws work.
Our legal team can evaluate your situation and help you negotiate a reasonable
solution, prepare and review the necessary paperwork, and ensure that
the custody and visitation orders are fair to both you and your child.
Looking for a lawyer to handle a
child custody case in Nassau County? Whether you are preparing for a custody battle,
find yourself in the middle of one, or need to
modify an existing custody arrangement, our firm is ready, willing, and able
to assist you.
Contact our firm today at (516) 406-8381!