New York Child Custody Lawyer
The Best New York Child Custody Lawyer For You!
Best New York Child Custody Lawyer
Hire a top Long Island child custody lawyer for help with; child custody orders, modifying or enforcing custody orders, child support, parental relocation, and grandparents’ visitation rights. We deal with high-conflict custody disputes, parental alienation, domestic violence, and custody for unmarried parents. Do you need help with a paternity or adoption case? Trouble with Child Protective Services? We can assist you with these also. For all family court matters, please call us for a FREE Consultation.
How Is Child Custody Determined?
The Best Interests of the Child Standard
This legal standard is the guiding principle in all child custody cases. Courts use it to determine which custody arrangement will best serve the child’s physical, emotional, and psychological needs. The child’s safety, well-being, and developmental needs are at the forefront of any custody decision. The goal is to create a stable, nurturing environment that supports the child’s growth and happiness. It is up to your Long Island child custody lawyer to make the best case to the court that you are the right parent to have custody of the child.
Factors Considered by the Court in Child Custody Cases
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Parental Fitness
The court assesses each parent’s ability to care for the child, including their mental and physical health, financial stability, and history of parenting. Any history of abuse, neglect, or substance abuse will be considered. A parent who is physically or mentally unfit is less likely to receive custody. An example of how this applies is when one parent has a history of drug abuse and is often arrested and must appear in criminal court frequently to defend themselves. Clearly, a judge would give a lot of weight to this circumstance. If there are incidents where Child Protective Services has been involved, these will also surface in court and play a role in the judge’s decision.
Child’s Preference
If the child is old enough and mature enough to articulate which parent they would like to live with, they can be called to testify. This may play a role in the court’s decision. Although, it is just one of many factors to be considered, and judges are well-aware that children can be coached. If you want your child to testify on your behalf, you would best be served if your child custody lawyer has a chance to explore this aspect of your case.
Continuity and Stability
When it comes to assessing the child’s best interest, courts look hard at arrangements that favor stability in the child’s life. This refers to staying in the same school, living in the same home, having close-proximity to the child’s friends and other relatives. Stability is considered a major factor in the child’s emotional well-being, particularly since the parents’ divorce can be jarring to the child.
Siblings and Family Ties
The court considers the importance of keeping siblings together and maintaining their relationships with other family members. Sibling bonds are usually seen as vital to the child’s emotional health, and disrupting these relationships can be detrimental to the child’s well-being. The court will most likely rule that siblings should live together, unless there are circumstances that suggest otherwise.
Work Schedules and Childcare Arrangements
A parent’s work schedule plays a major role in determining who can provide better day-to-day care. The court looks at who is available to take the child to school, attend after-school sports, and provide general supervision. A parent who works long hours or travels frequently, and has less time to be in the child’s life is less likely to garner sole custody of the child. In situations like these, it is up to your Long Island child custody lawyer to show the court why you are the best parent to have custody of the child. Oftentimes your lawyer can find mitigating circumstances which can sway the court’s opinion. This is where a top child custody lawyer comes in.
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New York Child Custody Lawyer: Types of Custody
Legal vs. Physical Custody
Legal Custody gives one or both parents the right to make significant decisions about the child's life, including education, healthcare, and religious upbringing. Parents with legal custody can decide where the child goes to school, which medical treatments they receive, and how they are raised in terms of religion or cultural practices. Even if one parent has sole physical custody, legal custody might be shared, meaning both parents must agree on major decisions.
Physical Custody
Physical custody determines where the child will live and which parent will be responsible for the child’s day-to-day care. The parent with physical custody will handle the child's daily needs, such as feeding, transportation, and general supervision. This parent will usually spend more time with the child, providing a stable living environment. The parent with physical custody is the one who receives child support from the other parent.
Joint vs. Sole Custody
Joint Custody is when the court orders both parents to share the responsibility of caring for the child or children. Joint legal custody means both parents have a say in the major decisions affecting the child. Joint physical custody means that the child spends time in both parents' homes, which can be done in a variety of ways (e.g., alternating weeks or certain days). This arrangement encourages both parents to stay actively involved in their child’s life. There are plusses and minuses to this type of arrangement, such as it can be jarring for the child to live in two different homes. A plus is that the child gets the care and support of both parents, ideally. Not always so, in the real world, but if things go ‘off the rails’, your family lawyer can always make a motion to modify an existing court order.
Sole Custody
Sole custody is the most coveted type of child custody fought for in family court. When one parent is granted sole custody, they are given exclusive rights and responsibilities regarding the child or children. Sole legal custody allows one parent to make all important decisions about the child's upbringing without needing the other parent's permission. It means that the child lives primarily with one parent, while the other parent may have limited or supervised visitation. Sole custody is often granted to one parent when the other is deemed unfit due to reasons such as; abuse, neglect, or an inability to provide a stable environment. A range of factors can have an effect on the way the court rules in such situations, for instance; if one parent is guilty of domestic violence, has a drug or mental problem, or can’t hold a job to provide economic support for the child, to name a few. In cases like this, if financially feasible, expert witnesses can be hired to testify on your behalf at trial. Your Long Island child custody lawyer will help you make this call.
Why Choose Us As Your New York Child Custody Lawyers?
Most of us know or can imagine what fighting for child custody is like: it is gut-wrenching, to say the least. What can make it feel even worse is having the wrong lawyer. Long Island child custody lawyer Michael Alber and his team of skilled divorce and family law attorneys will help take the burden off your back, so you can get on with your life.
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If you’re looking for a a Divorce or Family Court attorney then this is the firm for you!
Brianna T.
New York
The Alber firm is vigorously helping me navigate a complicated matrimonial case with great care and attention.
Ken,
New York
MICHAEL ALBER, ESQ
Who better to try a custody case against your spouse than a former prosecutor?
Divorce Attorney Michael Alber comes from a prosecutorial background. He served as an Assistant District Attorney in Nassau County before moving on to private practice as a preeminent criminal defense and divorce attorney. Given his trial background and some astounding results he has garnered for his clients after leaving the DA.’s Office, Attorney Michael Alber is a great “catch” if your case goes to trial.
The bottom line is that in the end, it is up to the court to decide what is in the best interests of the child, but having this kind of experience in your corner can go a long way in securing your rights.
New York Child Custody Lawyer: Filing for Custody
Filing a Petition
The first step in a custody proceeding is filing a petition with the Family Court in the county where the child lives. The parent, or another relative in some cases, files a petition with the court clearly stating the type of custody they are seeking (joint, sole, legal, or physical), and provide reasons why this arrangement is in the child’s best interests. This is best done with the advice of a family lawyer. If you are representing yourself pro se, you can find free legal assistance through the court clerk’s office.
Video on Child Custody
Court Proceedings
Once the custody petition is filed, the court schedules a hearing where both parents can present their cases. Preparation for the hearing includes a discovery phase where your lawyer can subpoena records and examine witnesses prior to the hearing. Your lawyer can request to take depositions which can be presented to the court as evidence. These are often referred to as “EBT’s”. Your attorney will have a chance to examine witnesses on the stand, to either validate testimony in your favor, or discredit them. Attorney Michael Alber was an Assistant District Attorney in Nassau County. His expertise in conducting depositions, gathering evidence, and questioning witnesses is highly regarded.
New York Child Custody Lawyer: Required Forms and Documentation
Custody Petition Form
- This form officially requests the court to establish or modify custody. It must be filled out with detailed information about both parents, the child, and the proposed custody arrangement. The form should also include a statement explaining why the requested custody arrangement is in the child’s best interests. Your Divorce/ Family Law Attorney Michael Alber will go over your information in detail with you, and ask for as much input as you can provide. You have been living in this situation, so your contribution to the petition is crucial.
Affidavit of Service
- This document proves that the other parent has been formally notified of the custody petition. It is crucial for ensuring that both parents have an opportunity to participate in the court process. If you do not serve the petition correctly, with the correct proof, the court can throw out your case and you will have to start the process all over again. Best to let your lawyer handle this.
Parenting Plan
- This includes both parents’ input in the child’s life, and the contributions they intend to make moving forward in the child’s upbringing. A parenting plan is usually part of a collaborative divorce.
Modifying an Existing Custody Order
- Circumstances in the parents’ lives can change, sometimes making an existing custody order impractical, or not in the child’s best interests. To modify an existing custody order, a petition is filed with the court explaining the reasons for the petition, including any significant changes in either of the parent’s lives that might affect the child. A skilled child custody lawyer has a good chance of getting an existing child custody order modified, provided the circumstances warrant it.
Substantial Change in Circumstances
- To justify modifying a child custody order, the parent filing must prove that there has been a substantial change in circumstances that affects the child’s well-being. An example of this might be if one parent relocates to a different state or changes jobs, resulting in an inability to spend time with or care for the child.
New York Child Custody Lawyer: Visitation Rights
Understanding Visitation Rights
Non-Custodial Parent Visitation
Even if one parent has sole physical custody, the other parent (non-custodial) typically has a right to visitation, unless it would harm the child. The court usually grants reasonable visitation rights, which may include regular visits, overnight stays, or shared holidays. This ensures that the child maintains a relationship with both parents.
Supervised Visitation
In cases where there are concerns about the child’s safety, such as a history of abuse, domestic violence, or substance misuse by the non-custodial parent, the court may order supervised visitation. This means the visits occur in the presence of a neutral third party, ensuring the child’s safety while allowing the non-custodial parent to maintain contact.
Grandparents’ Visitation Rights
Legal Standing: In New York, grandparents can petition for visitation rights under certain circumstances. To be granted standing, grandparents must demonstrate a substantial existing relationship with the child or that the denial of visitation would harm the child. The court carefully considers these petitions, especially if the child has lost one or both parents.
When Rights are Granted
The court may grant visitation to grandparents if it determines that it is in the best interests of the child. This is often the case when the grandparents have played a significant role in the child’s life.
Custody Rights of Unmarried Parents
Legal Paternity For an unmarried father to seek custody or visitation, he must first establish legal paternity. This means legally recognizing him as the child’s father. Without legal paternity, the father has no standing to request custody or visitation rights, even if he is biologically related to the child.
Equal Rights Once paternity is established, both unmarried parents have the same rights as married parents to seek custody and visitation. The court does not automatically favor one parent over the other based on marital status, but rather focuses on the best interests of the child. Both parents must prove their ability to provide a stable and supportive environment.
Establishing Paternity
Voluntary Acknowledgment Unmarried parents can establish paternity by signing an Acknowledgment of Paternity form, often done at the hospital when the child is born. This form legally recognizes the father as the child’s parent, granting him rights and responsibilities, including the right to seek custody or visitation.
Court Order If paternity is disputed or not voluntarily acknowledged, either parent can request a court order for genetic testing to determine the father’s identity.
Alternative Dispute Resolution: Settling Without a Trial
When dealing with custody or visitation disputes, you may choose between going to trial or resolving your issues through mediation. Mediation allows both parents to work with a neutral mediator to create a personalized parenting plan, avoiding the stress and costs of litigation. A Long Island child custody lawyer can guide you through mediation or represent you in court, depending on your needs.
New York Child Custody Lawyer: Impact of Relocation on Custody
Relocation Requirements When a custodial parent wishes to move a significant distance away (such as to another state or a distant part of New York), it can profoundly affect the existing custody arrangement. Because relocation can disrupt the child’s relationship with the non-custodial parent, New York law requires the custodial parent to either obtain the other parent’s consent or seek approval from the court before moving. The court must be convinced that the move is in the child’s best interests and will not harm their relationship with the other parent.
Factors Considered by the Court The court evaluates several factors when deciding whether to allow the relocation. These include the reasons for the move (e.g., job opportunity, family support, or better living conditions), the distance of the move, and how it will impact the child’s relationship with the non-custodial parent. The court also considers the child’s ties to their current community, including school, friends, and extended family. The custodial parent must demonstrate that the move will improve the child’s quality of life and that a workable visitation arrangement can be maintained.
How to Request Permission to Relocate
Petition to Relocate To request permission to relocate, the custodial parent must file a petition with the court. The petition should explain why the move is necessary, how it will benefit the child, and what arrangements will be made to ensure the non-custodial parent can maintain a meaningful relationship with the child. The petition should include a proposed visitation schedule that considers the logistics of travel and the child’s needs.
Contesting the Move The non-custodial parent has the right to contest the relocation if they believe it will negatively impact their relationship with the child. They can file an objection with the court, arguing that the move is not in the child’s best interests. The court will then hold a hearing where both parents can present evidence and arguments. The judge will consider all factors before making a decision that balances the benefits of the move with the importance of preserving the child’s relationship with both parents. If you are faced with this situation, it is imperative the you seek counsel from a qualified family law attorney.
What to Do if the Other Parent Violates a Custody Order
File a Violation Petition
Your Long Island child custody lawyer will file a Violation Petition on your behalf. If one parent fails to comply with the terms of a custody order (such as refusing to allow visitation, making unilateral decisions without consulting the other parent, or not returning the child on time), the other parent can file a violation petition with the court. This petition formally requests the court to enforce the custody order and address the violation. Filing this petition is a legal way to ensure that the custody arrangement is respected and that the violating parent is held accountable.
Court Remedies
Once a violation petition is filed, the court may take several actions to enforce the custody order. These can include imposing fines on the violating parent, modifying the custody arrangement (such as reducing visitation rights), or even finding the violating parent in contempt of court, which could lead to more severe penalties like jail time. Sometimes the court may order make-up visitation time if the non-custodial parent missed out on scheduled time with the child due to the violation.
Legal Steps for Enforcing a Custody Agreement on New York
Documentation It is crucial to keep detailed records of any violations of the custody order. This documentation can include written notes, emails, text messages, recorded phone calls, social media posts, and any other forms of communication that show the other parent’s failure to comply with the order. Documenting each incident helps build a case when filing a violation petition. It also helps demonstrate a pattern of behavior that may need to be addressed by the court.
Court Intervention If informal attempts to resolve the issue fail, seeking court intervention is often necessary. The court can issue orders to enforce compliance, and in some cases, may consider modifying the custody arrangement if the violations are severe or repeated. The court’s intervention ensures that the custody agreement is respected and that any disruptions to the child’s life are minimized.
New York Child Custody Attorney: Recognizing Parental Alienation
Signs of Alienation Parental alienation occurs when one parent deliberately tries to damage the child’s relationship with the other parent. Signs of parental alienation can include the child showing unwarranted fear, hostility, or disrespect towards the other parent, refusing to spend time with them, or parroting negative comments made by the alienating parent. These behaviors often result from the alienating parent’s manipulation, such as telling the child false or exaggerated stories about the other parent or consistently undermining the other parent’s authority.
Impact on Custody Courts take parental alienation very seriously because it can have long-lasting negative effects on the child’s mental and emotional health. Alienation not only harms the child’s relationship with the alienated parent but also can lead to psychological issues like anxiety, depression, and identity problems. If the court determines that one parent is engaging in alienating behaviors, it may modify the custody arrangement to protect the child. The court may even consider transferring primary custody to the alienated parent.
Legal Remedies for Parental Alienation
Counseling and Therapy Courts may order counseling or therapy for the child, the alienating parent, or both, to address the effects of parental alienation. Therapy can help the child rebuild their relationship with the alienated parent and can assist the alienating parent in understanding the harm they are causing. The goal is to repair the relationship and prevent further alienation. A good child custody lawyer will tell you to put your child’s best interests before your own.
Custody Modification If parental alienation is severe enough and ongoing, the court may modify the custody arrangement to limit the alienating parent’s influence. This could involve reducing their custody or visitation rights or, in some cases, transferring primary custody to the alienated parent.
The Role of Mediation in Custody Disputes
Voluntary vs. Court-Ordered Mediation Mediation is a process whereby a neutral third party (the mediator) helps parents negotiate and reach a custody agreement without going to trial. In New York, mediation can be voluntary, meaning both parents agree to try to work things out through this process, or it can be court-ordered. If things can be worked out amicably, mediation may be the way to go. It can save you money and the stress of a trial, with no foreseeable outcome.
Mediator’s Role The mediator helps parents focus on their child’s needs and work towards a mutually acceptable custody arrangement. The process is confidential, and anything discussed in mediation cannot be used against either parent if the case later goes to court.
Benefits of Mediation vs. Going to Court
Aside from being cheaper in the long-run, rather than going to trial, Mediation allows both parents to have input into the custody agreement, rather than have the court force one upon them.
Cost-Effective Mediation is generally less expensive than going to court. Court battles can be lengthy and costly, with attorney fees, court costs, and other expenses adding up quickly. Mediation, on the other hand, is usually a quicker process, leading to lower overall costs.
Less Adversarial Mediation is a cooperative process that encourages parents to work together rather than against each other. This can be less emotionally taxing than a court battle, which is often adversarial and can create lasting animosity between the parents. A less contentious process can help preserve a working relationship between the parents, which is beneficial for co-parenting.
Customizable Solutions Mediation allows parents to create a custody arrangement that is tailored to their unique situation. Unlike a court order, which may impose a one-size-fits-all solution, mediation lets parents address specific concerns, such as accommodating work schedules or addressing the child’s special needs. This flexibility can result in a more practical and sustainable custody arrangement.
How Domestic Violence Impacts Child Custody Decisions
Legal Protections for Parents and Children
Safety Planning Courts may assist in creating a safety plan to protect the child during custody exchanges or visitations. This plan might involve having exchanges occur in a public place, using a neutral third party for exchanges, or setting up specific protocols to minimize contact between the parents. The safety plan is designed to prevent further incidents of violence and to ensure that the child is not exposed to harmful situations.
Counseling and Intervention Programs The court may require the abusive parent to attend counseling or intervention programs as a condition of receiving visitation rights.
Protecting the Child In cases of domestic violence, the court’s primary concern is the safety and well-being of the child. If one parent has a history of domestic violence, the court may be reluctant to grant them custody or unsupervised visitation. The court may award custody to the non-abusive parent and impose restrictions on the abusive parent’s contact with the child. The court takes domestic violence very seriously, as exposure to violence can have long-term detrimental effects on a child’s mental and emotional health.
Orders of Protection A parent who has experienced domestic violence can seek an order of protection from the court. This order can include provisions for temporary custody, meaning the abusive parent may be temporarily barred from contact with the child or limited to supervised visitation.
Protecting the Child In cases of domestic violence, the court’s primary concern is the safety and well-being of the child. If one parent has a history of domestic violence, the court may be reluctant to grant them custody or unsupervised visitation. The court may award custody to the non-abusive parent and impose restrictions on the abusive parent’s contact with the child. The court takes domestic violence very seriously, as exposure to violence can have long-term detrimental effects on a child’s mental and emotional health.
Orders of Protection A parent who has experienced domestic violence can seek an order of protection from the court. This order can include provisions for temporary custody, meaning the abusive parent may be temporarily barred from contact with the child or limited to supervised visitation. The order of protection serves to ensure the safety of both the child and the non-abusive parent while the custody case is ongoing. The court carefully considers the evidence of domestic violence when making final custody decisions.
Restraining Orders In addition to orders of protection, the court may issue restraining orders to keep the abusive parent away from the child and the other parent. These orders can include provisions that limit the abusive parent’s access to the child’s school, medical records, or other sensitive information. The restraining order is meant to ensure that the abusive parent does not continue their abusive behavior.
Understanding the complexities of child custody in Long Island is crucial for parents facing separation or divorce. By familiarizing yourself with the laws, procedures, and options available, you can make informed decisions that prioritize your child’s best interests. Whether through mediation, court proceedings, or protective measures, New York’s child custody laws aim to ensure that children are raised in safe, stable, and loving environments. Having the guidance of the best Long Island Child Custody Lawyer is the way to go.
New York Child Custody FAQs
What Is an Order of Custody?
An order of custody grants one or both parents, or another party, the legal responsibility for the care, control, and maintenance of a child. A Long Island child custody lawyer can help you understand your rights and options when seeking custody.
Who Can File for an Order of Custody on New York?
Parents, grandparents, or individuals with a significant relationship with the child can file a petition for custody in Family Court. The petition must be served to the person currently holding custody of the child. If parents are separated, the petitioning parent must serve the other parent. When a non-parent seeks custody, both parents must be served. There are no filing fees in Family Court. For guidance on filing, consulting with a Long Island child custody attorney can be invaluable.
What Happens at a Custody Hearing?
If both parties agree on custody, a judge may issue an order without a formal hearing. If there’s no agreement, a hearing will take place where both sides present testimony. The court may also appoint a lawyer for the child and order investigations by social services or mental health professionals. The judge will decide based on the child’s best interests. In some Long Island cases, a court attorney-referee may handle the hearing. A Long Island child custody lawyer can help prepare you for these proceedings.
What Is an Order of Visitation?
An order of visitation allows a non-custodial parent or other relatives, like grandparents or siblings, to visit the child. Visitation matters can be heard alongside custody cases or separately. The court grants visitation if it serves the child’s best interests. A Long Island child custody lawyer can assist in filing for visitation rights and representing your case in court.
New York Child Custody Lawyer: What Is an Order of Visitation?
An order of visitation allows a non-custodial parent or other relatives, like grandparents or siblings, to visit the child. Visitation matters can be heard alongside custody cases or separately. The court grants visitation if it serves the child’s best interests. A Long Island child custody lawyer can assist in filing for visitation rights and representing your case in court.
Do You Need a Lawyer for Child Custody or Visitation Cases?
While parties may represent themselves, hiring a Long Island child custody lawyer can be beneficial. If a party cannot afford an attorney, the court may appoint one at no cost. The court may also appoint an “Attorney for Child” to represent the child’s interests.
What Is Custody/Visitation Mediation?
Mediation is a voluntary, confidential process where a neutral mediator helps parents develop a parenting plan that suits their family. Unlike a judge, the mediator doesn’t make decisions; instead, parents work together to resolve conflicts. If mediation results in an agreement, it is submitted to the court for approval. Mediation can be a cost-effective and less adversarial option compared to court litigation. A Long Island child custody attorney can help you decide if mediation is right for your case.
Can Custody or Visitation Orders Be Modified?
Custody and visitation orders can be modified if there is a substantial change in circumstances. A petition must be filed, and the court will hold a hearing to determine if the change serves the child’s best interests. A Long Island child custody lawyer can assist in filing a modification petition and representing you in court.
What If One Party Violates the Custody or Visitation Order?
To get more detailed information or personalized advice, please schedule a free consultation with one of our experienced divorce lawyers today. For your convenience, we have several offices located in Long Island at Huntington Station, Bayshore, and Jericho.
To get more detailed information or personalized advice, please schedule a free consultation with one of our experienced divorce lawyers today. For your convenience, we have several offices located in Long Island at Huntington Station, Bayshore, and Jericho.
