Child Custody Attorney in Nassau County

Retain Custody of Your Child in Long Island – Call (516) 406-8381!

When a couple divorces, one of the issues that causes the most friction between couples is child custody. Who will retain primary custody? Should the parents share joint custody of the child?

It is important to keep the needs and best interests of your child at the forefront of your decisions, and our Nassau County child custody lawyers are here to help! Jason M. Barbara & Associates, P.C. is here to assist you with any child custody matter, no matter how complicated the case may be. We offer supportive, compassionate legal counsel.

Call (516) 406-8381 or contact our firm online to schedule a free initial consultation. 

What Types of Child Custody are Available in Long Island?

There are two types of custody in New York: physical or residential custody, which is the physical place the child will reside, and legal custody, which determines which parent has the responsibility to make important decisions on behalf of their child.

When physical and legal custody are assigned, they are either awarded as sole or joint:

• Joint Custody: The court often prefers a joint custody arrangement. This is particularly true in the case of legal custody, which involves making important decisions about healthcare, education, and more.
• Sole Custody: May be awarded when one parent does not want custody, when there is abuse or neglect, or when one parent is otherwise found to be unfit. Sole custody does not have an impact on child support, and non-custodial parents can seek visitation rights, with or without special circumstances such as supervision.

There may also be cases where neither parent is fit, such as when they have abandoned, abused, or neglected their children. In these cases, grandparents, aunts and/or uncles, or other close or distant relatives can petition the court for custody if it’s in the child’s best interest.

How is Child Custody Decided in Nassau County?

It’s a common belief that mothers are more likely to get custody in divorce or separation cases. The reality is that cases are more complicated than that, and the court looks at many factors before deciding on a custody arrangement in any specific case.

New York family law courts take many issues into consideration when determining the child’s best interests in a custody matter, these include:

• The child(ren)’s age
• Any special needs
• If one parent acted as the primary caregiver during the marriage
• Demonstrated parenting skills of both parents
• Each parent’s physical and mental health
• If there is any history of abuse or neglect
• Any job demands for either parent
• Proposed childcare plans
• The child’s preference, if they are old enough to express one 

The process of custody decision-making involves a detailed examination of each parent's ability to provide a stable and supportive environment. Judges also consider the emotional bonds between the child and each parent, potential disruptions to the child's life, and the ability of the parents to cooperate and communicate for the welfare of their child.

The court will seek to protect the child’s best interests, and minors are under the court’s jurisdiction when deciding on an arrangement. Older children may offer their preferences, which will be taken into account.

Understanding the Child’s Best Interests in Nassau County

In Nassau County, the concept of the child’s best interests is pivotal in custody decisions. The court looks beyond mere preference for one parent over another. It evaluates the environment each parent can provide, the emotional ties each parent shares with the child, and the historical caregiving contributions made by each parent. The goal is to foster a stable, supportive, and loving environment. Financial capabilities alone do not determine custodial decisions, but overall stability often includes financial considerations. Nassau County’s family courts are committed to protecting children’s emotional well-being during the upheaval of parental separation.

Moreover, the court in Nassau County will utilize child-centered approaches, often involving child interviewers to discern verbal or non-verbal cues indicating the child’s wishes. Judges also consider the continuity of a child's schooling, friendships, and overall community ties within Nassau County, aiming to minimize disruptions during a period that can fundamentally alter a child’s life.

Contact us today to schedule a free case consultation with an experienced child custody lawyer in Long Island.

What Constitutes an Unfit Parent in New York?

A parent might be disqualified from the right to custody if deemed an "unfit" parent in New York. Deciding that a parent is unfit for custody is not a decision made lightly. There must be proof that the parent is unfit and removing custody is in the child’s best interests.

The following factors could be used when deciding if a parent is unfit:

• If the parent sets age-appropriate limits (such as the age of the child and the types of movies the child can watch, curfew, etc.)
• If the parent can respond to the child’s needs (such as being sensitive, communicative, and responsive)
• If the parent can care for the child independently
• If the parent can reasonably cooperate with the other parent and resolve conflicts that arise
• If the parent has a history of child abuse
• If the parent has a history of domestic violence
• If the parent struggles with or has struggled with substance abuse
• If the parent has a mental illness
• What the parent’s social life looks like and how that might affect the child
• How the child feels towards the parent (such as comfortableness or fear)

In determining parental fitness, the court will often look at past behavior as a predictor of future conduct. Evidence showing improvement or rehabilitation, like completed parenting classes or treatment programs, can also influence the court’s decision. The focus is on ensuring that the child will grow up in a stable, nurturing environment conducive to their overall well-being and development.

Exploring Mediation & Collaborative Law Solutions for Child Custody in Long Island

Mediation and collaborative law are increasingly popular in Nassau County as viable alternatives to traditional court battles in child custody cases. These methods prioritize amicable resolutions and aim to reduce hostility, which ultimately benefits the child's welfare. Mediation involves a neutral third party who facilitates discussions between parents to reach a mutual agreement that reflects the best interests of the child.

Collaborative law, on the other hand, involves each party retaining their own attorney trained in collaborative practices. Here, all parties agree to resolve their disputes without litigation. This approach is centered around cooperation and transparency. Both mediation and collaborative law can decrease the emotional stress for all involved, and these practices align well with Nassau County’s focus on holistic child welfare. They are particularly suitable for parents willing to work together rather than against each other when determining future parenting plans.

Contact Jason M. Barbara & Associates, P.C. for a Free Consultation

Our Nassau County child custody attorneys have represented many clients in their custody battles by drawing from our considerable experience and deep understanding of how the family court system works.

We will listen to your situation and help you negotiate a legal solution, including preparing and reviewing all necessary court paperwork and ensuring orders for custody and visitation are fair for both parents and children. Whether you are already in the middle of a custody issue or you need to modify your existing arrangement, Jason M. Barbara & Associates, P.C. is ready to assist your family.

Contact our firm today by calling (516) 406-8381.