Child custody is an important issue for most couples on Long Island duringdivorceProcedure. For a family that is used to living under the same roof, it is, of course, difficult for both parents to imagine living separately and apart from their children. While this is an unfortunate outcome of most divorces, there are a variety of arrangements available to you and your ex-spouse to make the transition as easy as possible for you, your spouse and your children.
What is child custody and how does it work?
If you havedivorced in Long Island, New YorkYou and your spouse face many decisions. One of those decisions will be the type of custody agreement you make. While there are many types, the two most common are joint custody and shared custody, both of which are of concern when raising a child.
How do I get custody of my children on Long Island?
If you want to apply for Long Island child custody, you must first ensure that you meet all legal requirements. Before a New York court can hear your child custody petition, the child must have lived in the state for the past six months. Of course, this residency requirement doesn't matter if your child has lived their entire life in New York. On the other hand, if you have just moved to New York with your child, you will have to wait six months to apply for custody in New York or the state where the child has lived for the last six months.
What factors do courts use to determine child custody on Long Island?
Most people mistakenly assume that full legal custody is awarded to the mother in custody cases. However, there is no such presumption in New York, and this means that custody can be awarded to either parent.
New York courts follow the so-called "best interests of the child" standard. Under this standard, the court considers, among other things, the child's relationship with each parent, the relative age and health of the parent, the child's relationship with other members of the parent's family, and whether the child would be separated. of his brothers. Every child custody situation is different and there are no black and white guidelines. It is therefore important to discuss the details of your case with yourLong Island Divorce Lawyer.
What types of custody arrangements are there?
It is important to distinguish between legal and physical custody. Legal custody refers to the power to make decisions on the child's behalf, while physical custody simply refers to where the child will live.
What is unilateral custody?
With unilateral custody, one parent has the right to make all major decisions about the child. This includes, among other things, decisions about education, health and religious education. Under this arrangement, only one parent has custody of the child. The non-custodial parent has very limited or no visitation rights.
What is shared custody?
If you and your ex-spouse can amicably discuss your children's best interests, you should opt for a joint custody agreement. Under such conditions, both parents act as a unit to make the above “major decisions” for each child. However, if both parents do not agree, the action cannot be taken. Therefore, it is extremely important to ensure that you and your ex-spouse are honest with each other and understand the type of relationship that allows for open and honest communication about your children. Since each parent will have custody of the child, day-to-day and routine decisions in the child's life will be made by the parent who currently has custody of the child.
What is unilateral custody?
In a unilateral custody agreement, one parent is declared the “guardian parent” and the child lives primarily with him or her. The other parent who has been declared non-custodial retains visitation rights with the child. Although the non-custodial parent and child may miss each other, this type of arrangement fosters a sense of stability in the child since they typically consistently live with their friends in the same house, neighborhood, and school district.
What is shared custody?
In a shared custody agreement, both parents receive custody of the children. Such an arrangement can be achieved by having the child live with the mother for a month or a week and then with the father for the same period of time. While this type of arrangement may be more appealing to parents, consider how constant movement can affect a child's comfort and sense of "home."
What is shared custody?
Joint custody only allows both parents to have custody of the children on equal terms.
Lawsuits can now affect custody of your child in Nassau County and Suffolk County courts
As divorce attorneys practicing on Long Island, we see many critical mistakes that occur in initiating or even before filing a divorce proceeding that undermine many parents when it comes to their ability to haveCarefulwith your children if the divorce is final.
Long Island Custody Mistake #1
One of the biggest and most common mistakes a parent living in Nassau County or Suffolk County can make is moving out of their marital or joint residence and leaving their child with the other spouse. Basically, this gives custody to the resident parent. If you want to retain custody of your child or children, you cannot leave the house without your child, period. No matter how dire the situation with your partner is, in the Nassau County or Suffolk County court system, if you leave without the child, you are essentially giving up custody of the child.
Long Island Escrow Error #2
If you decide to leave the shared apartment with the children, be sure to obtain your spouse's consent. This need not necessarily be a formal written agreement; You can simply email your spouse to respond to your request to take the kids out. If your spouse agrees via an email response, this amounts to a virtual declaration by your spouse that you are the primary caregiver of the child(ren).
Long Island Escrow Error #3
On the other hand, if you are the parent residing in the marital home and you give your spouse permission to move in with the children, notify the Nassau County and Suffolk County Courts that your spouse is the parent and primary caregiver of the child. child or children.
Secure custody of your child now
As experienced divorce attorneys practicing on Long Island, we know that preventing your spouse from leaving the family home with the children is more difficult than staying in your home. However, there are steps you can take to protect child custody. . First, once it's clear that you and your spouse are getting divorced, make it absolutely clear to your spouse that it's not okay for him to take the kids. This can also be done through text messages and emails. Make it clear that your spouse is free to leave the marital home, but your children must remain until your divorce and custody case is fully resolved.
File your divorce with the Nassau or Suffolk District Court in advance to protect yourself
As soon as you realize that your marriage is falling apart, it's a good idea to file for divorce. Filing a divorce petition protects your custody of the children if your spouse attempts to move out of the shared home and take the children with them without her consent. If divorce proceedings are pending, you have the right to seek emergency assistance by asking the children to return to your home. In this case, of course, it is important to note that you do not consent to the other spouse taking the children out of your home.
Hornberger Verbitsky's child support and custody attorneys, P.C. Protect your rights and the rights of your children to ensure they live in the best home for them, have adequate visitation with their non-custodial parent, and receive financial support to ensure they have the best possible childhood.
Certainly one of the most emotional aspects of your divorce has to do with your child or children. Tragically, children are often caught in the crossfire of divorced parents, when the child's best interest should be the concern of all involved. The experienced attorneys at Hornberger Verbitsky, P.C. Work tirelessly to mitigate the negative impact your divorce will have on your children and ensure they have the support they need to grow into healthy, productive adults.
Long Island, NY Custody and Child Support Lawyers Protect You and Your Children
Child support and child custody attorneys at the law firm of Robert E. Hornberger, P.C., Attorneys & Counsel of Melville, NY, regularly and successfully represent Long Islanders like you in Nassau County, NY and Suffolk County , NY Family Courts in matters relating to:
- protection orders
Child custody, child support and visitation attorneys
Hornberger Verbitsky's child support and custody attorneys, P.C. are solely dedicated to protecting your interests and ensuring that your child's best interests come first in any custody, child support or visitation matter. To relieve your child, we usually try to negotiate peacefully with your ex-spouse or mediate a settlement. However, if the situation calls for it, our custody and child support attorneys will aggressively litigate in the best interests of you and your child or children. Our successful track record in court has helped many children receive the care and support they deserve.
To protect you and your children's rights and well-being related to custody, child support or visitation, you need experienced legal representation from child support lawyers who understand child support law. Custody and child support attorneys at the law offices of Robert E. Hornberger, P.C. regularly represents Long Island residents like you in Nassau County, Suffolk County and beyond to fight for their rights and the rights of their children in custody, child support and visitation cases.
If you are considering filing a child support claim, or if you have received a subpoena or letter from a child support attorney or custodial attorney regarding child support or custody, contact Robert's Family Law Office E. Hornberger, P.C. and one of our experienced lawyers will advise you on how best to protect your legal rights and the rights of your children.
What you need to know about protective and negligence orders
If you or your children are at risk of harm from neglect or abuse, first protect yourself and your children by calling the police. Then contact the Family Law Office of Robert E. Hornberger, P.C. in Melville, NY immediately and we will take steps to protect you and your children. We can help you obtain a protection order or take steps to protect your rights and safety. If you are considering applying for a protection order, or if you have received a subpoena to appear in court to defend against a protection order application, contact us today to speak with achild custody lawyerfamiliar with the laws and courts of Long Island, NY.