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Hire a trusted attorney for your New York custody case
decision to get onedivorceWhen children are involved it can make the process quite complicated. Unless you and your spouse have already agreed who will have custody or how you will divide your time, you should hire an attorney to ensure that yourwelfare of the childYou are protected.
Here at Hedayati Law Group P.C. Our Long Island child custody attorneys have years of experience resolving child custody disputes.
Why Hire Our Long Island Child Custody Attorneys?
Whether you are involved in onecomplex divorceÖpaternity case, our Long Island child custody attorneys can provide you with the honest representation you need. We can help protect your child's future and custody andvisiting rights.
- Over 150 years of combined experience at your side
- Strong customer references and peer reviews
- Lead Counsel includedRising from Super Lawyers®three years in a row
- Competitive prices and a free consultation
While you may immediately feel that having sole custody is in your best interest, we generally recommend that you maintain your child's relationship with the other parent in the long-term best interests of your children. Remember that child custody battles are incredibly traumatic, and the quicker you make a decision, the better.
Contact us online for a free private consultation with one of our Long Island child custody attorneys. Call up(631) 880-6440begin.
- Al Hedayati, esq.
- Herbert Smith Jr., esq.
- Steven Homayoon, Esq.
- Michele Fenton Esq.
- Elyse Silverman Esq.
- Juiz Richard Hoffmann
- Brett Harrison, esq.
"Working with Al and Steve was the best decision I've ever made"- paula k
"Fast and Honest"- Clients in family law
"I can Mr. Hedayati"-Anete R.
Long Island Custody Dispute Resolution
Many factors can determine custody of the child, including the child's preferences, the parenting history and abilities of each parent, and the child's relationship with siblings or other family members.
Our team of Long Island child custody attorneys will listen to your situation and work closely with you to create a child custody plan that both parents can agree to.
We can provide you with information on the following custody issues:
- How the court determines visitation and parenting conditions when you can't reach an agreement
- How your child's personal preferences can play a role in a custody battle
- How your financial situation and that of your spouse come into play in a custody battle
- What happens if you or your spouse move or remarry?
Our family law firm representsPaisjmothersin a variety of custody matters and disputes.
Can custody be changed?
In the event that your spouse does not comply with the terms of your custody order, or if your circumstances change and you need to change part of the agreement, our Long Island child custody attorneys can help. We have extensive experience representing parents in custody changes and enforcement proceedings.
Courts understand that life is unpredictable and will allow changes in certain circumstances, e.g. B. if the finances, health or life situation change significantly. Our goal is to advise you and answer your questions about your case.
Strive for clarity to avoid breaking escrow orders
No custody orders are absolutely established once created, and all are subject to change. Generally, the courts will only approve the change if one or both spouses experience a significant life change or if one spouse continues to violate the covenants outlined in the order. If you want to spend more time with your children and protect your rights, you should always be aware of your New York custody agreements and child custody laws.
Whenever you are faced with a situation where you are unsure of your rights and limitations as a divorced parent such as For example, when planning an out-of-state vacation with your children, you should always consult the court or your attorney. You can also talk to your ex-spouse directly if you want to change the arrangement temporarily. However, it is recommended that you work with a Long Island child custody attorney or have makeshift arrangements notarized in case your ex-spouse forgets or tries to cause trouble for you.
Understand Third Party Custody
New York does not limit child custody to just a child's birth or legal parents. In some situations, close relatives or even family friends may be eligible to seek custody of a child after the parents' divorce.
Some of the people who may seek custody of others include:
- grandparents
- Adult aunts, uncles and siblings
- Step-parents or civil partners of a child's parents
- Caregiver with many years of experience in life with the child
As with any other court proceeding, the court will only give custody to a third party if it is in the child's best interests to do so. If both legal parents do not seem "nice" to the child, or if both parents are deceased, a judge may be inclined to consider third-party custody.
How to prove a parent is unfit
A judge would scrutinize each parent's ability to care for the children and attend to their needs during a custody battle. If you believe the other parent poses a threat to the children or is unsuitable for custody, you must explain this to the judge if you expect the court to remove custody from the parents.
Analyze the behavior of the parents.: It is not in the best interests of the child to be in the care of a parent who regularly exposes the child to threatening circumstances or is reckless in any way. Consider and document any acts of violence, emotional abuse, or apparent drug addiction.
Identify the child's environment.: While the actions of the parents may not pose a problem, the circumstances in which the child is placed may play a role. It is obviously of concern if, for example, the baby is not properly supervised, basic needs are not met, or they are exposed to unsafe environments or safety hazards. Consider whether the parent has potentially dangerous associates, such as gang members or prison inmates.
taking evidence: After observing the actions of the parents and those around the child and concluding that the child is in danger, you need to collect evidence to support your arguments. This may include media files tracking injury or neglect, the child's medical history, the parent's criminal record, email, voicemail, or text messages with the parent. Prepare to present this statement to the judge.
ContactOur Long Island child custody attorneys em(631) 880-6440configure a free initial consultation to discuss your case!
Frequently Asked Questions
How does New York determine child custody?
The general rule for determining custody of children in New York State is called "the best interest of the child". There is no definition or calculation for this rule as each custody situation is unique and must be carefully evaluated. However, the New York Code states that "the health and safety of the child must be the primary concern". Some factors a family court judge will consider are:
- Ability of parents to bring up the child.
- relationship of the child to the parents
- If there is a case of domestic violence.
- The child's family life and relationships with siblings.
These are just a few factors a judge might consider when deciding on custody and visitation. Speak to an experienced Long Island child custody attorney at Hedayati Law Group P.C. Learn more!
What Types of Custody Laws Are There in New York?
There are two types of child custody in New York: legal custody and physical custody.
legal custodyit relates to the parent's ability to make decisions about the upbringing of their child and is assigned to both parents in almost all cases. Parents with legal custody of a child should work together to decide where their child will go to school, what medical care they will receive, what activities they will participate in, etc. As a general rule, if something affects your child, a custodial parent has the right to be a part to be the decision.
physical custodyrefers to which parent the child will live with. Most parents get joint custody, so the child spends equal time with mom and dad. However, there are cases where one parent has more or less custody than the other, or no custody at all, if the court determines that it is in the best interests of the child to do so.
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Let us be your confidante when you have no one else to turn to. Call our offices today at631-880-6440to schedule a free consultation with a Long Island divorce attorney. We offer same day consultations.