East Islip Child Custody Lawyers

Child Custody Lawyer in East Islip, NY

Couples going through a divorce will have to deal with a tedious and life-changing process. Whether it is an uncontested or contested divorce case, it can be challenging if children are involved. In divorce cases, the child’s best interests are always placed at the forefront. How this concept is applied in divorce proceedings, however, can be pretty challenging to grasp. That’s why our East Islip child custody lawyers are here to provide legal assistance.

If you are filing for a divorce with children involved, consult with an experienced New York child custody attorney knowledgeable with relevant state law and guidelines. Our East Islip divorce and family law attorneys at Donato Law can provide legal advice and help you understand the basics of a dissolution of marriage and child custody issues.

Call us at 631-920-3848 to schedule a consultation with our East Islip child custody lawyer today.

New York Child Custody Laws

Custody of the child is no longer ‘automatically’ awarded to the mother after a divorce. Like in many places, New York child custody law has significantly evolved. Courts do not take sex into account when granting custody of a child, which means that both parents initially have equal custody rights.

In any parenting-related proceeding in the New York courthouse, the primary concern is the child’s health, safety, and welfare. Additionally, given these circumstances, the court must establish that continuing and frequent contact with a parent would benefit the child.

The idea that the court must take the best interests of a child into account also applies when granting parenting time or visitation rights. If you wish to clarify how these will affect your case or influence your child custody battle, call Donato Law at 631-920-3848 to schedule your consultation today. A diligent and dedicated East Islip NY child custody lawyer will be glad to assist you.

Different Types of Child Custody Cases

Custody and parenting time agreements are emotionally charged legal matters. Given certain circumstances, reliable legal representation is necessary. Call us at 631-920-3848 to get legal help from our East Islip child custody lawyer today! We can help you with your divorce modification, divorce enforcement, prenuptial agreements, and more.

Although spousal support (alimony) and property division (asset division) are already tough to deal with after filing for divorce or legal separation, child custody and parenting issues can also be complex. Courts who grant custody will cover two different aspects: legal custody and physical custody.

Legal Custody

A parent granted legal custody can make major legal, medical, educational, or religious decisions on the child’s behalf. In most cases, it is in the child’s best interest for parents to share legal rights to make decisions for a child.

Physical Custody

This refers to where the child resides. This means that the parent with primary physical custody (or “full custody”) lives with the child. The court may grant custody to one parent, but joint physical custody is also possible.

When awarding custody, a parent may have sole physical custody. This means that they have physical custody of the child, with the other parent either having minimal access to the child or none at all.

Joint Custody

In cases where the divorcing parents of the child agree, joint physical and legal custody is often preferred. However, if the parties do not agree, it may be necessary for the court to develop a parenting plan with the child’s best interest as the main guiding principle. Additionally, if the judge rejects the parents’ request for joint custody, the judge will have to explain the decision in writing since a joint setup is often preferred.

Joint physical custody in New York means that both parents spend substantial parenting time with the child. This, however, does not necessarily mean that they will spend equal time with their child. One parent, for example, may have four nights per week with the child, while the other parent has three nights per week.

Whether you’re going through a divorce or a legal separation, a family law attorney who knows the twists and turns of New York divorce laws can answer your legal questions. Call us at 631-920-3848 to get legal help from our East Islip child custody lawyer today!

Joint Physical Custody

Joint or shared physical custody means that the parents split the child’s custody, either 50/50 or fairly equally. Where one parent has more than 50% of the custodial time with the child, that parent is said to have primary physical custody. This gives that parent specific decision-making authority in the absence of an agreement.

Joint Legal Custody

Parents awarded with joint legal custody are required to consult and agree on all major decisions involving the child, such as medical, educational, or religious matters. This is in contrast to a case where the court gives one parent the sole decision-making authority on these things.

Call us at 631-920-3848 to get legal help from our East Islip child custody lawyer today.

Visitation Rights in New York

Both parents are entitled to regular and consistent visitation with their children. Even where one parent has a history of substance or domestic abuse, a judge will likely not entirely cut off a parent’s visitation rights.

Filing for Visitation Rights

Filing for visitation rights in New York is typically done as part of a divorce, child custody, or paternity case. A typical New York minimum visitation schedule will give a noncustodial parent a few hours one weeknight per week and overnight visits every other weekend. A judge will often award noncustodial parents more, but not less.

Visitation Schedules

A visitation schedule will set forth each parent’s summer and holiday visits. In addition, if a judge is concerned about a child’s safety in the abusive parent’s care, the judge may order supervised visits. Supervised visitation may take place at an agency or under the supervision of a mutually agreed-upon third party.

Call us at 631-920-3848 to get legal help from our East Islip child custody lawyer today.

Talk to a East Islip Child Custody Lawyer Today!

Family courts, in general, evaluate whether the father or mother has a greater capacity to facilitate continuing contact and a positive relationship with the child and the non-custodial parent. Conversely, a parent who attempts to interfere with the other parent’s relationship with the child could face child custody issues in court.

For legal assistance on filing child custody cases, contact our New York family law firm by calling us at 631-920-3848. We have the skills and experience you need to determine the best path to take, with your child’s best interests always in mind. Our child custody lawyer in East Islip, NY can provide legal assistance and guide you as you evaluate your options.

You may also check out our Divorce Book if you want to know more about divorce proceedings in New York. 

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