Child custody does not have to be an all-or-nothing battle. In fact, Nassau County courts tend to prefer arrangements where custody is as close to 50/50 as possible. There are may options for the creation of custody arrangements that will work for your family.
We have decades of experience helping clients navigate complex custody situations. We can help you protect your parental rights. We are also strong proponents of the New York Children’s Bill of Rights, and aim to help parents minimize the harmful effects of custody disputes on children.
Types of Custody
There are actually two types of custody to consider in every divorce case: physical custody and legal custody.
Legal custody is about the right to make decisions about the child’s education and religious training as well as to make medical decisions for the child.
Physical custody is about who the child will live with most of the time.
It’s very rare for one parent to have both sole physical and sole legal custody of a child. Joint physical and legal custody is usually the scenario the courts favor unless there are good reasons to avoid it. The next most common arrangement is a joint legal custody and sole physical custody arrangement where the non-custodial parent is afforded reasonable and liberal parenting time.
Parenting time is usually a factor even when sole legal and physical custody has been awarded, even if the non-custodial parent must be supervised during their parenting time. It is almost unheard of for parents to lose all rights with their children.
Custody Considerations
There are many factors that go into determining custody and parenting time arrangements, but they all boil down to one overarching concern: the best interests of the child.
The factors include the child’s emotional ties, the moral fitness and health of each parent, the children’s school and community involvement, each parent’s ability to provide a loving and stable environment, and in some cases the child’s preferences.
The courts also take each parent’s willingness and ability to help the child foster and continue a relationship with the other into account.
Flexible Custody Arrangements and Parenting Time Schedules
Not all custody arrangements have to be rigid and decided by courts. We believe parents should work together to co-parent their children.
There are many options for creating parenting time arrangements, and our firm excels at developing effective strategies for achieving such resolutions. Arrangements can accommodate each parent’s need for time, the children’s school and extracurricular activity needs, and more.
In most cases, it is fully possible to work out an amicable schedule that works for everyone.
Protecting Children
In rare cases where abuse or neglect exists it might be truly necessary to sue for sole physical and legal custody. If that is the case, you will need to provide the court with extensive proof that the parent may truly be dangerous to the child or unfit to parent them.
We genuinely value the well-being of your child. If this situation has arisen then we will work with you to press your suit.
Get Help Today
Our firm has vigorously protected the rights of both mothers and fathers, of unmarried parents, of same-sex partners, of grandparents seeking visitation, and even of other family members seeking custody. We can help you with your custody matter, too.
Call (516) 679-4300 today to protect your parental rights.