Sole Custody Attorneys

Serving Nassau & Suffolk Counties

Understanding your custody options is essential when determining the best course of action for your family. Sole custody, in particular, can provide stability and clear decision-making authority for parents and children in those circumstances where parents are unable to work together for the benefit of their children. However, the legal process for obtaining sole custody can be difficult and complex, requiring careful preparation and legal guidance.

Sole Custody in Suffolk & Nassau Counties: Your Child and Your Rights

At Joseph Law Group, P.C., we are dedicated to advocating for children’s best interests and helping a parent manage the legal challenges of pursuing sole custody. Our attorneys have extensive experience in family law, offering the personalized support and proficiency you need. Whether you seek sole custody or must defend your parental rights, our child custody attorneys are supportive and compassionate while zealous in protecting you and your child’s rights when sole custody is sought by one parent.

Definition and Overview of Sole Custody

Sole custody is a legal arrangement in which one parent has legal custody of a child. This means the custodial parent has the exclusive right to make important decisions about the child’s education, healthcare, and religious upbringing. Generally, the child will live primarily with the parent who has sole legal custody. In contrast, joint custody involves shared decision-making responsibilities between parents.

Sole custody is often sought when one parent believes it is in the child’s best interest to limit or eliminate the other parent’s involvement in critical decisions. Sole custody may be appropriate when there are concerns about the other parent’s ability to provide the child with a stable, supportive environment.

Criteria for Granting Sole Custody

The court’s primary concern when awarding custody is the child’s best interests. Several factors influence whether a court will grant sole custody, including:

The ability of each parent to provide a stable, nurturing environment
The emotional health of both parents
The child’s relationship with each parent
The child’s preferences, depending on their age and maturity
Any history of domestic violence or substance abuse

In cases where one parent is deemed unfit or unable to fulfill their parental duties, or where the level of conflict is such that it prevents joint decision making, the court may award sole custody to the more stable and responsible parent.

Legal Process for Obtaining Sole Custody

Obtaining sole custody requires following a structured legal process. Here are the typical steps involved:

Filing a petition or motion for sole custody with the Family or Supreme Court
Documenting the parenting history and gathering evidence to support your claim
Participating in an evaluation conducted by a court-appointed evaluator, generally a psychologist or psychologist, often called forensics
Your child is typically appointed an attorney to represent them, known as an Attorney for the Child
Attending hearings where both parents present their arguments and evidence to the court. Depending on the child’s age and circumstances, the Judge may conduct an in camera hearing with the child in the presence of their lawyer or the child may take the witness stand

The court carefully reviews all documentation and evidence before making a custody determination. It is imperative to be fully prepared, as the outcome will significantly impact your child’s future.

Rights and Responsibilities of Sole Custodians

As the sole custodial parent, you will have full decision-making authority over major aspects of your child’s life, such as education, healthcare, and religious upbringing. This responsibility comes with certain obligations, including ensuring the child’s physical and emotional well-being, maintaining their daily routine, and providing a supportive home environment. While sole custody gives you primary control, it is also essential, when appropriate, to facilitate communication with the non-custodial parent.

Typically, the court order or agreement addressing custody will permit the non-custodial parent to be informed of the major decisions from the relevant providers and may also provide the parent with the opportunity to be heard on such decisions prior to them being made. Encouraging a positive relationship between the child and the non-custodial parent can contribute to the child’s emotional development.

Challenges of Sole Custody Arrangements

Sole custody can present several challenges, including:

Co-parenting difficulties: Managing communication with the non-custodial parent can be difficult, especially if there is tension or unresolved conflict.
Emotional impact: Sole custodians often carry the emotional burden of making all major decisions for the child, which can sometimes be overwhelming.
Limited support: Without the daily involvement of the other parent, sole custodians may need additional support from family, friends, or outside resources.

Peaceful Solutions When Possible, Strong Advocacy When Needed

Sole custody cases require experienced legal representation to ensure the health and safety of your child. At Joseph Law Group, P.C., we provide comprehensive support to parents seeking sole custody, guiding you through each step of the legal process. From filing the initial application to representing you in court, our attorneys are committed to helping you achieve a fair and just outcome.