Advocating for Your Child’s Best Interests in Nassau & Suffolk Counties

At Joseph Law Group, P.C., we are committed to advocating for the best interests of your children, ensuring they are protected and supported through compassionate, experienced legal representation. Our attorneys work diligently to help parents in Nassau and Suffolk Counties secure custody agreements that prioritize the children’s needs while respecting the rights of both parents where appropriate. Whether through negotiation or litigation, we are dedicated to achieving the best possible outcomes for our clients faced with child custody issues—focusing on obtaining an equitable resolution without inflicting unnecessary financial and emotional damage on the family.

Overview of Child Custody in Nassau & Suffolk County

In New York, child custody refers to the legal and practical responsibility of caring for a child. It is divided into two categories:

  • Legal Custody: This is the authority to make major and important decisions regarding a child’s education, healthcare, and religious upbringing.
  • Physical Custody: This determines where the child will primarily live.

Child custody is significant because it sets the framework for a child’s upbringing, their living environment, routines, and decision-making process. Courts are mandated to determine what is in the child’s best interest, with the goal of constructing custody arrangements that foster a healthy upbringing and stable environment for the child. At Joseph Law Group, P.C., we pursue a child custody agreement that ensures our clients play an appropriate role in their children’s lives, without causing unnecessary emotional damage or unnecessarily making a contentious situation worse. When litigation is the only option, our child custody attorneys bring top-tier skills to the courtroom.

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Factors Considered in Custody Determinations

The standard New York courts use in determining custody is the child’s best interest standard. This standard focuses on what will provide the most stable, supportive, and safe environment for the child. Several factors play a role in these decisions, including:

  • Each parent’s ability to provide for the child’s physical and emotional needs
  • The child’s preference, depending on their age and maturity
  • The relationship between the child and each parent
  • The willingness of each parent to foster a positive relationship with the other parent
  • Any history of domestic violence or substance abuse

The court evaluates all these factors carefully, and parents, with the help of their lawyers, must be fully prepared to demonstrate their ability to properly care for their child.

Types of Custody Arrangements

Custody arrangements can vary greatly depending on the child’s needs and the parent’s circumstances. Common custody arrangements include:

  • Sole Custody: One parent is granted legal custody, making the major decisions for the child, perhaps with input from the other parent.
  • Joint Custody: The parents share the right to make major decisions for their child, requiring them to collaborate on key child welfare decisions.
  • Physical Custody: Although not typical, courts will, on occasion, have the child spend an equal amount of time with each parent.

More typically, one parent is deemed the primary custodial parent and the other has a schedule (known as visitation or access schedule) detailing the times they will have the children. The parent who has physical custody generally receives child support from the other parent. Flexibility, although not always practical, is critical in custody arrangements, as not only do emergencies and scheduling conflicts arise, but the child’s needs and the parents’ availability may change over time.

Custody Agreements and Court Orders

Formalizing custody arrangements in a detailed writing ensures that both parents understand and adhere to their responsibilities. Custody agreements outline the terms of physical and legal custody, including visitation schedules and decision-making authority. Ideally, parents agree on a parenting plan without court intervention, but sometimes that is not possible.

If the parties cannot agree, one parent must petition the court to obtain a court order for custody. The court will then review the case, hear the evidence and issue an order outlining the custody arrangement, visitation rights, and other relevant terms. Our child custody attorneys in Nassau County help parents navigate this process, ensuring the final custody order reflects the child’s best interests and protects our client’s relationship with their child.

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Modifications to Custody Orders

Life circumstances change, and what may have been an appropriate custody arrangement at one point may no longer suit the child’s or parents’ needs. Custody orders may be modified if there is a change in circumstances, such as:

  • One parent relocates or their career demands make the existing schedule unworkable
  • The child’s needs have evolved due to age, schooling, or health issues
  • A parent is no longer able to meet the terms of the original custody arrangement

To modify a custody order, a parent must file a petition with the court and provide evidence that the change in circumstances meets the legal standard to warrant the modification. Joseph Law Group, P.C. assists clients in seeking or opposing modifications, ensuring that any new arrangements continue to serve the child’s best interests while protecting our client’s relationship with their child.

Guiding You Through Life’s Most Difficult Transitions

Child custody matters are often emotionally charged. Having an experienced attorney by your side ensures your rights are protected and your child’s well-being remains the priority. At Joseph Law Group, P.C., we offer the guidance, advocacy and expertise needed to help you through every step of the custody process.

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“Everything was handled with sensitivity, transparency, and professionalism from day one. I never expected to go through something like this, but they got me through a very painful chapter in my life.”

—Emmanuel M.

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“I felt I was always in the loop. Even if it was good or bad news. Dealing with such a stressful situation and having a attorney that really cared helps.”

—Kevin

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Exceptional Representation When You Need it Most

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