Suffolk County Child Custody Lawyer

Top Suffolk County Child Custody Lawyers – Protecting Your Children’s Future

Child custody is frequently the most contentious component of any divorce or Family Court case. Both sides will often stop at nothing to secure custody of the children. An experienced and knowledgeable Suffolk County child custody lawyer is essential during the difficult and stressful times of custody litigation. At the Law Office of Louis L. Sternberg, we represent clients to ensure that the best interests of the children are protected and that our clients obtain the best resolution of all family law matters.

Types of Child Custody in New York

There are essentially three components to Child Custody in New York – residential custody, legal custody and visitation.

Residential Custody in New York

Residential custody is what most people think of as simply having “custody.” Residential custody refers to the right to have the child or children reside primarily with the parent. Residential custody is sometimes referred to as physical custody or primary custody. One party having residential custody does not prohibit a joint legal custody arrangement nor does it mean that the non-custodial parent is not entitled to potentially expansive visitation / parenting time.

Legal Custody in New York

Legal custody refers to the right to make decisions regarding certain aspects of the child’s upbringing such as education and medical care. Sole legal custody describes situations in which only one parent has the right to make the major decisions for the children. The other parent has authority to make any such decisions or even to be consulted on such decisions. Joint custody (or joint legal custody) occurs when both parents have legal custody of the child (the right to make certain decisions about the child’s upbringing). Even in situations of joint custody, only one parent is usually designated as the parent with physical custody. Often, this means that the parents must consult with each other before making any major decision regarding the child’s medical needs, education or religious upbringing. Generally, joint custody is ordered only when the parties agree to it but, in exceedingly rare cases, a court may award joint custody to the parents after a trial.

Legal custody can also be addressed by delegating “spheres of influence” to individual parties. By way of example, the mother may have decision-making authority on medical matters while the father may have decision-making authority on educational matters.

Visitation in New York

Visitation is a non-custodial parent’s right to spend certain time with the subject child or children, often pursuant to a schedule established by way of agreement or court order. Visitation is sometimes referred to a “parenting time.”

Custody Terminology in New York – Sole Custody, Joint Custody, Split Custody, Nesting Arrangements and 50 / 50 Custody

The terms sole custody, joint custody, and split custody are frequently used in family court and divorce litigation. Additionally, they are frequently used incorrectly so it is essential that parties know exactly what each term means.

• Split custody occurs when the parties have multiple children and one or more of the children live with each parent. For example, Parent A has physical custody of one or more of the children while Parent B has physical custody of one or more of the children. Split custody is heavily disfavored in New York.
• “Nesting” arrangements are also growing increasingly common.  Under such an arrangement, the children continue to reside in the family home uninterrupted and each of the parents vacates the home on a rotating basis.  Such arrangement is designed and intended to ensure parity and establish amounts of time wherein each party shall be free to enjoy the home and provide their individual care for the children without involvement or interference by the other.
• Also increasingly common are so-called 50 / 50 custody arrangements where the children spend equal time with both parents. New York does not have a statutory presumption of 50/50 custody as the default custody arrangement. Instead, the state of New York uses the “best interests of the child” standard when determining custody arrangements. This means that custody decisions are made based on what the court believes is in the best interests of the child, and the court has the discretion to allocate custody and visitation time in a manner it deems appropriate, including a 50 / 50 award when appropriate.

Regardless of arrangements of sole custody, joint custody or split custody, the non-custodial parent retains the right to seek visitation with the child or children.

Suffolk County Child Custody Lawyer – Modification of a Custody Order

In New York, a custody modification refers to a change in an existing custody order or agreement. After a court has issued a custody order, circumstances may change, and either parent may believe that a change in the custody arrangement is in the child’s best interests. In such cases, they can petition the court to modify the order. If the custody order resulted form a divorce, the modification can be brought by motion in the Supreme Court or by petition in the Family Court. If the most recent order was entered by the Family Court, then, generally, a modification is also brought in the Family Court.

In order to prevail on a custody modification application, it must be shown that there has been a “substantial change of circumstances” and that the best internets of the children warrant a change to the current arrangement. Common reasons for seeking custody modifications in New York may include concerns about a parent’s fitness, drug use, a change in a parent’s work schedule, relocation of one parent, changes in the child’s needs, or issues related to the child’s safety. Keep in mind that the specific legal procedures and requirements for custody modifications may vary depending on the individual circumstances and the court where the case is heard. Consulting with an experienced family law attorney in New York is advisable if you are considering a custody modification or facing one initiated by the other parent.

Factors in Determining Child Custody in New York

The standard of determination in a custody case is the “best interests of the child.” This is an intentionally broad standard that leaves the court with tremendous discretion, based on the totality of the circumstances. The Family Court Act and Domestic Relations Law list only domestic violence as a consideration in determining custody but subsequent case law provides additional factors including:

• Which parent is the primary caregiver?
• Which parent provides the child with more stability?
• Scheduling and availability for parenting.
• Drug abuse or alcohol abuse.
• Parental mental health issues, including antisocial personality disorder, narcissism, borderline personality disorder, etc.
• Physical health.
• Psychological bond between parent and child.
• Work schedules of the parents.
• Corercive control.
• Parental Alienation / false allegations by one parent against the other parent.
• The child’s preference (the amount of weight this is given increases with the age of the child).
• Willingness to foster a relationship between the child and the other parent.
• Involving the child in parental conflict.
• Abuse or neglect.
• Disregard for prior court orders.

Suffolk County Child Custody Lawyer

At the Law Office of Louis L. Sternberg, we understand the delicate nature of these issues and the emotional toll such disputes can have on our clients and their children. We understand that nothing is more important to mothers and fathers than their children, which is why we proudly serve as Suffolk County child custody attorneys.

We are committed to helping clients not only accomplish their goals but also do so in a way that protects their future relationships with their children. We take a personal approach to every case, offering tailor-made solutions to clients’ problems. These are important and complicated issues and it is always best to contact a Suffolk County custody lawyer.

How a Long Island Child Custody Lawyer Can Help

A Long Island child custody attorney, also known as a family law attorney, specializes in legal matters related to child custody and visitation rights in Suffolk County, New York, and throughout Long Island. Our attorneys can provide valuable assistance before, during and after litigation for clients dealing with child custody issues:

1. Legal Advice: Even before litigation commences, our Suffolk County child custody lawyers provide you with legal advice tailored to your specific situation. We explain your custody rights, responsibilities, and the applicable laws, helping you make informed decisions.
2. Legal Representation: Our custody attorneys can represent you in court during custody hearings or negotiation sessions (sometimes referred to as a “fourway”) . We advocate for your rights and interests and those of your family, leading you through the legal process effectively.
3. Custody Arrangement Recommendations: Based on our experience and knowledge of family law, our custody attorneys will offer recommendations for child custody arrangements most favorable to you and in your child’s best interests. We negotiate on your behalf with the other parent or their representation to reach an amicable agreement or present a strong case in court if needed.
4. Pleading and Document Preparation: Our custody team will draft all papers, pleadings and documents including petitions, motions, and parenting plans. Ensuring that these documents are properly drafted and filed is crucial to your case.
5. Marshalling the Evidence: Our team works from the start to gather and present evidence to support your custody claims. This may include witness testimonies, financial records, and any other relevant information that can strengthen your case.
6. Negotiation: Our Suffolk County child custody lawyers will engage in negotiations with the other parent or their legal representative to reach a mutually acceptable custody arrangement whenever possible. This can help avoid a lengthy and emotionally taxing court battle.
7. In Court Representation: If your custody case cannot be resolved through negotiation, we will represent you in court. We have extensive litigation experience and are known throughout the courts of Suffolk County and Nassau County.  We litigate your case from the first appearance onwards, including questioning witnesses, presenting evidence and arguing on your behalf to secure the best possible outcome.
8. Modification and Enforcement: Our custody attorneys  assist with modifying existing custody orders if circumstances change or enforce existing orders if the other parent is not complying with the terms.
9. Protecting Your Custody Interests: Above all, as your Suffolk custody attorney, our  primary goal is to advocate and ensure that your custody rights are protected. We ensure that your needs are met and convince the Court that the child’s best interests are served by our client being awarded custody.

Effectively litigating child custody disputes can be emotionally challenging and legally complex. Hiring a qualified Suffolk County child custody lawyer can provide you with the legal expertise and support needed to make informed decisions and achieve a favorable outcome for your child custody case. For more information about effectively preparing for your custody case, see our recent blog post.

Frequently Asked Questions About Child Custody in New York

What is the difference between legal custody and physical custody in New York?    

Physical custody (also called residential custody) refers to where the child primarily lives.  Legal custody refers to the right to make major decisions about the child’s upbringing, including education, healthcare, and religion.  Both types can be sole or joint.  The court determines each based on the best interests of the child.

Does New York favor mothers in custody cases?

No.  New York law does not presume that either parent is more fit based on gender.  Custody determinations are made based on the best interests of the child, considering factors such as each parent’s fitness, stability, the child’s existing routine, and each parent’s ability to foster a relationship with the other parent.

Is 50/50 custody common in Suffolk County?

50/50 custody arrangements are becoming increasingly common in Suffolk County, though they are not presumed under New York law.  The court will evaluate whether equal parenting time serves the child’s best interests based on factors including each parent’s work schedule, proximity to the child’s school, and the parties’ ability to cooperate.

How do I modify an existing custody order in New York?

To modify a custody order, you must demonstrate a substantial change in circumstances since the prior order and show that the modification is in the child’s best interests.  Common grounds include a change in a parent’s work schedule, relocation, substance abuse concerns, or a change in the child’s needs.  A petition is filed in either Supreme Court or Family Court.

What role does a child’s preference play in a New York custody case?

A child’s preference is one factor among many that the court may consider.  There is no specific age at which a child’s preference becomes determinative.  The weight given to the child’s wishes depends on the child’s age, maturity, and the reasons behind the preference.  The court’s primary concern remains the best interests of the child.

What is parental alienation and how does it affect custody in New York?

Parental alienation occurs when one parent engages in a pattern of behavior designed to damage the child’s relationship with the other parent.  New York courts take alienation seriously as a factor in custody determinations.  A parent who interferes with the other parent’s relationship with the child may be viewed less favorably, and in severe cases, custody may be transferred to the alienated parent.

How long does a custody case take in Suffolk County?

The timeline varies significantly.  A custody case that settles through negotiation may resolve in a few months.  A fully contested custody trial in Suffolk County can take one to two years or longer, depending on the court’s calendar, whether a forensic evaluation is ordered, and the complexity of the issues.  Temporary custody orders may be entered early in the case to maintain stability while litigation is pending.

Top Suffolk County Child Custody Lawyer

At the Law Office of Louis L. Sternberg, our team of top Suffolk County child custody lawyers is committed to protecting your children’s future. With custody often being the most contentious aspect of a divorce or Family Court case, we understand the importance of having skilled legal representation by your side. Our experienced lawyers have the knowledge and expertise to shepherd you through the complexities of custody litigation and advocate for the best interests of your children. Trust our firm to provide the counsel and support you need during these difficult and stressful times.

At the Law Office of Louis L. Sternberg, our team of experienced and knowledgeable Suffolk County child custody lawyers is dedicated to safeguarding the future of your children. With custody disputes often being the most challenging and tense aspect of divorce or Family Court proceedings, we recognize the significance of having skilled legal representation. Our expert attorneys possess the necessary expertise to masterfully strategize the intricate landscape of custody litigation and advocate for the best interests of your children. Rely on our firm to offer the necessary leadership, counsel and support during these arduous and overwhelming circumstances.

Count on our firm to provide the necessary guidance and support throughout this challenging and stressful period. At the Law Office of Louis L. Sternberg, our team of experienced Suffolk County child custody lawyers is committed to protecting your children’s future. We understand the complexity and tension often associated with custody disputes in divorce or Family Court proceedings.