Child Custody Attorney in Nassau County
Are You Seeking Custody in Long Island or New York City?
If you are going through a divorce or legal separation and you and your spouse have minor children, custody is a vital, and often contested, part of the proceedings. 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 at Jason M. Barbara & Associates, P.C. can help.
How Do New York Courts Make Custody Decisions?
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.
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.
Further reading: Can a Child Choose in a New York Custody Case?
Factors Included in Court Decisions
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
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, or the parent who has the responsibility to make important decisions on behalf of their child.
These are further broken down into joint and sole 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.
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.