Nassau County Child Custody Lawyer

An 18-year-old child is no longer subject to an order of child custody in New York. So they can choose where they want to go. But, at the same time, many judges will only be able to influence the preference of a 16 or 17-year-old if the teenager has serious concerns or their choice appears unreasonable.

Types of Child Custody Arrangements in New York

Child custody arrangements vary based on the circumstances of each family. Courts prioritize the best interests of the child when making custody decisions. Here are some common custody arrangements:

• Sole Custody vs. Joint Custody

  • Sole Custody – One parent has full legal and/or physical custody. The other parent may have visitation rights.
  • Joint Custody – Both parents share decision-making (legal custody) or parenting time (physical custody). Courts prefer joint custody when both parents are fit and cooperative.

• Bird’s Nest Custody

  • The child stays in one home, and parents take turns living there.
  • This arrangement reduces disruption for the child but can be challenging for parents to maintain.

• Split Custody

  • Siblings are separated, with each parent having custody of at least one child.
  • Courts rarely approve this unless it benefits the children’s well-being.

• Supervised Visitation

  • If a parent poses a potential risk to the child, visits may be supervised by a third party.
  • This may apply in cases of abuse, addiction, or mental health concerns.

Parental Rights and Responsibilities

Custody orders outline the rights and obligations of parents, but life changes can impact these arrangements.

• Parental Relocation and Custody Modifications

  • If a parent wants to move far away, they must get court approval.
  • The court considers factors like job opportunities, educational benefits, and the impact on the child’s relationship with both parents.

• Rights of Unmarried Parents

  • In New York, an unmarried mother automatically has sole custody until the father establishes paternity.
  • Once paternity is established, the father can seek custody or visitation rights.

• Grandparents’ Visitation Rights

  • Grandparents may request visitation if it is in the child’s best interest.
  • Courts consider the existing relationship between the child and the grandparents.

Child Custody Disputes and Legal Challenges

Custody battles can be emotionally and legally complex. Here are some common challenges:

• How to Prove Parental Fitness

  • Provide evidence of a stable home environment, consistent caregiving, and a strong parent-child relationship.
  • Show financial stability and the ability to meet the child’s emotional and educational needs.

• Handling False Accusations in Custody Cases

  • If accused of abuse, neglect, or other misconduct, gather evidence and witness statements to refute claims.
  • A family law attorney can help protect your rights and clear your name.

• Enforcing Custody Agreements

  • If the other parent violates a custody order, you can file a motion with the court.
  • Courts can impose penalties, modify custody arrangements, or enforce compliance.

• Modifying Custody Orders

  • Custody orders can be changed if circumstances significantly change, such as a parent’s relocation, job loss, or change in the child’s needs.
  • A judge will review any modifications based on what is best for the child.

Frequently Asked Questions

What factors do judges consider when deciding child custody?

• Judges evaluate several factors, including each parent's ability to provide a stable home, the child's relationship with each parent, work schedules, and any history of abuse or neglect. The child's preference may also be considered if they are old enough.

Can a custody arrangement be changed after the divorce is finalized?

• Yes, custody orders can be modified if there is a significant change in circumstances. This could include a parent's relocation, a change in the child's needs, or concerns about the child's safety. A court must approve any modifications.

Do I need a lawyer for a child custody case?

• While it is not legally required, having an experienced custody lawyer can be highly beneficial. Custody cases can be complex, and a lawyer can help protect your rights and present a strong case in court.

What happens if the other parent refuses to follow the custody agreement?

• If a parent violates a custody order, you can file a petition with the court to enforce the agreement. The court may impose penalties, modify custody, or take legal action against the non-compliant parent.

Can grandparents get custody or visitation rights?

• In certain cases, grandparents may petition for custody or visitation, especially if they have played a significant role in the child's life or if the child's well-being is at risk with the parents. Courts will determine if granting visitation is in the child's best interest.

Will my child have to testify in court?

• In most cases, children do not have to testify in open court. However, a judge may speak with them privately in chambers to understand their wishes, depending on their age and maturity level.

How does relocation affect custody agreements?

• If a parent wants to move a significant distance or out of state, they usually need court approval. The court will assess how the move impacts the child and whether it is in their best interest before making a decision.