Suffolk County Child Custody Lawyer 

Guiding Families Through Child Custody Matters in New York

The future of your children is of ultimate concern in any divorce case. Will parenting duties be shared by both parents? Will each parent have the right to make critical decisions about the child’s life in education, medical decisions, religion, and more? What happens if one parent wants to relocate? Some child custody cases can be resolved amicably between the two parents, but many cases are hotly disputed. Whatever your situation, of the many factors that could affect the outcome of your custody case, the best interests of your child are the most significant factor in the eyes of the court.

You need a child custody attorney who thinks in this same way. If you are facing a child custody issue in Suffolk County, our firm can assist you in upholding your rights to preserve your child’s best interests.

Are you dealing with a custody dispute? Our Suffolk County child custody attorney is here to help you. Call Kuhn & Sandler, PLLC today at (631) 629-6874 or contact us online to start your legal journey.

Why Choose Kuhn & Sandler, PLLC?

• Over 40 Years' of Combined Legal Experience
• 30+ Years Focused on Family Law
• Compassionate Legal Counsel & Guidance
• Relentless Courtroom Representation
• Free Initial Case Evaluation

Our firm comes highly recommended by the courts, our colleagues, and past clients. To hear from some more previous clients, read through our client testimonials page and see for yourself! Our client satisfaction is the strongest testimony of our dedication to excellence.

Discover what our top-rated child custody attorney may be able to help you.

Is NY a 50/50 Custody State?

No, New York is not a 50/50 custody state.

In New York, the court will consider all relevant factors in determining what is in the best interests of the child, including the wishes of the parents, the child's relationship with each parent, the parent's ability to provide for the child's needs, and the stability of the child's environment. While a 50/50 custody arrangement is often the best option for children, it is not always feasible.

The court will decide based on what is best for the individual child.

New cases continue to shape how custody determinations evolve, and staying informed about changes in legal standards is crucial. Our attorneys commit to ongoing education to remain current on these laws and ensure we provide clients with updated, sound advice in pursuing their custody goals.

You must speak with our experienced Suffolk County family law attorney to discuss your options and get help making the best decisions for your child.

Does New York Favor Mothers or Fathers in Custody Cases?

One of the first questions many parents have when navigating a custody battle is whether their state favors the mother or the father. In New York, neither parent has a greater right to custody.

However, fathers must sign an Acknowledgment of Custody, receive an Order of Filiation, or be listed as the child's father on the birth certificate to file a custody case with the court. Birth mothers do not face the same requirements (since they gave biological birth to the child), although adoptive mothers may.

That doesn't necessarily mean New York courts are always impartial. Legal scholars are critical of New York's status as only two states with no statutes in place governing how courts should handle shared parenting (Rhode Island is the other). While several shared parenting bills have been introduced, none of them have passed yet.

For this reason, it's imperative that parents engaged in custody disputes retain the counsel of an experienced child custody lawyer.

A skilled custody lawyer can help you advocate for your parental rights and build a strong case, minimizing the chance of court-related bias playing a role in the case.

Judges today may also consider the changing dynamics of modern family roles, where responsibilities traditionally held by one parent may now be shared. Highlighting involvement in your child's daily life, such as school activities and routine caregiving, can be crucial in demonstrating your commitment to being a reliable parent.

Factors Influencing Child Custody Decisions in New York

If you are facing a child custody dispute, it is important that you are familiar with the New York child custody laws.

In New York there are several types of child custody that can be awarded including sole custody, joint custody, and even third-party custody.

Key Factors Considered by the Court:

• The Best Interests of the Child: As a guiding principle, this remains the primary focus.
• Which Parent Acted as the Primary Caretaker Before the Divorce: Considering historical caregiving roles helps establish stability for the child.
• The Physical and Mental Well-being of Each Parent: Ensuring that a parent can provide a safe environment is crucial.
• If Either Parent Has a Dependency on Drugs or Alcohol: Past or present dependency issues can influence custody.
• If There Was Any History of Domestic Violence: Safety is a non-negotiable aspect of custody arrangements.
• What the Work Schedules Are for Each Parent: Scheduling impacts the ability to provide consistent care.
• The Relationship That the Child Has with Each Parent and Their Siblings: Existing relationships are a consideration for minimizing disruption.
• *f Each Parent Is Able to Encourage the Child to Have a Relationship with the Other Parent: Promoting positive relations can benefit the child's emotional health.

The court prefers to award joint custody if it is in the best interest of the child. However, if the court finds that one parent is not "fit" to care for and provide for the child, that parent could be awarded visitation rights or supervised visitation.

If both parents are unfit to care for the child, then custody could be awarded to a third party such as a grandparent, aunt, uncle, or sibling.

Contact our Suffolk County child custody attorney by calling (631) 629-6874 today!

Criteria for Determining Parental Fitness in Suffolk County

New York courts use a variety of criteria to decide whether a parent is fit to act as a caregiver, some of which we covered earlier on this page. Courts examine the following factors when determining the fitness of a parent:

• Stability: A stable environment is crucial for nurturing growth.
• Childcare Arrangements: Reliable caregiving solutions reflect on parental responsibility.
• Caretaker Status: Proactive involvement in daily routines supports custody arguments.
• Substance Use: A history of substance abuse could negatively impact a custody case.
• Mental Health: Stable mental health is essential for effective parenting.
• Physical Health: The physical ability to care for a child is a necessary consideration.
• Spousal Abuse: Past abuse affects judgments on parental fitness.
• Abuse, Neglect, Abandonment, or Other Interference with Visitation Responsibilities: These are serious concerns for custodial decisions.
• Home Environment: A safe and conducive home environment is optimal.
• Child's Testimony: In certain cases, the child's viewpoint is heard in court.

A thorough understanding of these criteria helps parents prepare better for custody evaluations. Discussion with a skilled custody lawyer ensures that every relevant aspect of your parenting capability is effectively presented in court.

What Does it Mean When a Parent is Deemed Unfit?

If a parent fails to meet the court's expectations for the above criteria (for example, having a dangerous home environment, being financially unstable, lacking mental or physical well-being, abusing substances, etc.), the court may determine that parent is "unfit" to act as a caregiver.

Depending on the circumstances of the case, the court may restrict custody or visitation rights for the unfit parent, or may remove their custody/visitation rights entirely.

Having a court declare a parent unfit is a serious decision, and it impacts not just the parent's rights, but also the emotional and developmental well-being of the child involved. For parents in this situation, working with a legal representative can guide you through understanding potential outcomes, required improvements, or alternative custody arrangements.

At What Age Can a Child Decide Which Parent to Live With in NY?

A child is no longer subject to a custody order at 18.

Therefore they can choose which parent they want to live with in NY. At the same time, many courts will only be able to influence the choice of a 16 or 17-year-old if the teenager has serious problems or their choice seems unreasonable.

If you believe your child's other parent is unfit to act as a caregiver, you should consult your lawyer. They can help you build a case that illustrates the other parent's inability to act in the child's best interests, increasing your chances of receiving a favorable outcome in your custody case.

Similarly, if you're wrongfully accused of being an unfit parent, a child custody lawyer can help you effectively combat those accusations.

While the age of majority stands at 18, the court may also discern the maturity of younger teens, considering their preferences if they demonstrate responsible reasoning for their choices. Legal insights into evolving trends regarding custodial preference can guide families through this delicate discussion.

Contact Our Suffolk County Child Custody Lawyer Today

In any child custody case, there are several possible arrangements of legal custody and physical custody. Many parents choose to maintain two households, with custody of the children shared on alternating weeks or on some other parenting schedule.

Even when a case is resolved with one parent gaining physical custody of the children, the other parent typically has the right to visitation.

While the outcome of the case is important, the manner in which a child custody case is resolved can be of paramount value. Cases of this importance should be managed by a high-quality Suffolk County child custody lawyer, such as Kuhn & Sandler, PLLC.

Backed by over three decades of legal experience, we know how to resolve difficult custody matters before they escalate to a trial. Don’t hesitate to discover what our skilled, compassionate negotiator can achieve for you and your loved ones.

Request your free case evaluation today!

Understanding the nuances of child custody law in New York can play a vital role in crafting a successful custody strategy. With ever-evolving family dynamics and changes in societal norms, it is essential to have skilled guidance on your side. Our legal team not only provides strategic advice but also acts as advocates for your children's welfare, helping you attain a facilitative, constructive approach to custody determinations.

Common Challenges in Port Jefferson Station Child Custody Cases

Child custody cases can present unique challenges, especially in areas like Port Jefferson Station where local dynamics and community values may influence proceedings. One common challenge is the differing expectations of parents regarding educational and medical decisions. To navigate these issues, it is critical to have detailed custody plans that outline specific responsibilities. Parents should prepare for mediation by understanding local resources available such as family counseling centers and educational advisors. Being proactive in addressing differences outside the courtroom can significantly impact the child’s quality of life and ease the legal process.

Another challenge often faced involves the logistical difficulties posed by one parent relocating. In Port Jefferson Station, where community ties can be strong, relocating may complicate custody arrangements, requiring court interventions. Parents should consult with legal counsel to discuss potential adjustments in visitation and custody that a move may necessitate. Legal professionals well-versed in local laws will provide valuable insight into how relocation affects custody and can help parents foresee potential legal obstacles.

Local Resources & Support for Families in Custody Battles

Port Jefferson Station and Suffolk County offer various resources that can support families in the midst of custody disputes. Engaging with local community services, such as family therapy centers and support groups, can ease the emotional strain on both parents and children. Community organizations often provide workshops on co-parenting techniques and communication skills, which are invaluable during custody negotiations. These resources are designed to help parents maintain a focus on the child’s well-being while minimizing conflict.

Additionally, schools and educational advisors within Port Jefferson Station can play an integral role in custody discussions. Counselors and teachers can offer insights into the child's needs and well-being, helping to craft balanced custody agreements. Engaging with school resources ensures that custody agreements consider academic responsibilities and extracurricular activities, which are pivotal for a child’s stability and growth. Seeking recommendations from local educational professionals can lead to more informed and supportive custody arrangements.

Frequently Asked Questions

What Steps Should I Take First in a Custody Dispute?

Begin by gathering all relevant information regarding your child's day-to-day life, including educational, medical, and extracurricular details. It's also essential to document any communication and agreements between you and the other parent. Consult with a child custody lawyer who is familiar with New York laws and local court practices. Preparing for mediation or legal proceedings early can streamline the process. Additionally, consider reaching out to local community resources for support and guidance. They can provide counseling and workshops to help you and your family adjust to changes.

How Can I Modify an Existing Custody Order?

To modify an existing custody order, you must demonstrate a significant change in circumstances that affects the child's well-being. Examples include the relocation of a parent, changes in the child's needs, or alterations in parental availability. Begin by consulting with your child custody attorney to discuss the desired changes and gather supporting evidence. You may need to attend mediation sessions or court hearings to reach a new agreement. It's important to ensure that any modifications align with the child's best interests and are legally documented to prevent future disputes.

What Is the Role of a Guardian ad Litem in Custody Cases?

A Guardian ad Litem (GAL) is a court-appointed individual who represents the best interests of a child in custody cases. The GAL conducts an independent investigation by interviewing parents, the child, and other key figures involved in the child's life. They may visit the child's home and review pertinent documents. Their findings are presented to the court to assist in making a custody decision. GALs provide an unbiased perspective focused on the child's welfare, ensuring that custody arrangements meet the child's needs.

How Does Relocation Affect Child Custody Agreements?

Relocation can significantly impact existing child custody agreements. If a parent seeks to move with the child, this may necessitate a modification of custody terms to accommodate travel and visitation arrangements. The parent who wishes to relocate must often prove that the move will benefit the child's quality of life and maintain their relationship with the non-relocating parent. Courts typically evaluate the reasons for relocation, the child’s needs, and how potential changes might affect their routine. Legal guidance helps ensure that relocations align with court standards and prioritize the child’s best interests.

What Should I Consider When Choosing a Child Custody Lawyer?

When selecting a child custody lawyer, consider their experience with local family courts and knowledge of New York custody laws. Look for a lawyer who emphasizes a child-centered approach and has a history of successfully handling custody cases. It's beneficial to choose someone who provides compassionate support and personalized attention. Reading client reviews and testimonials can offer valuable insights into the lawyer’s approach and effectiveness. Additionally, consult with the lawyer about their strategy for promoting constructive negotiations while being prepared for potential litigation if necessary.

Related Reading

• Will I Receive Or Have To Pay The Other Side's Attorney's Fees?
• Differences in Location & Child Custody Orders
• How Drug Abuse Allegations Can Affect Child Custody

Contact Kuhn & Sandler, PLLC by calling (631) 629-6874 today to schedule a consultation with our experienced Suffolk County child custody lawyer!