How a Family Law Attorney Can Help You Navigate Child Custody Battles on Long Island, NY

by | May 21, 2024 | Child Custody and Support NY

Your family law attorney will play a critical role in any child custody battles you may have on Long Island, NY. They will represent you in court and help you navigate all the necessary legal proceedings involved.

Your family law attorney’s main responsibilities may include:

  • Providing legal advice and guidance on the intricacies of New York State child custody laws
  • Helping you understand your rights as a parent under those laws
  • Negotiating custody agreements with the child’s other parent
  • Presenting your case in a Long Island court to advocate for your interests and the best interests of the child

Having a skilled family law attorney experienced in NY child custody laws as practiced on Long Island by your side can greatly increase your chances of a successful outcome in your child custody battle.

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Free New York Divorce Lawyer Consultation

Understanding Child Custody Laws and Rights in NY

Child custody laws in NY determine who gets legal and physical custody of a child in a divorce or legal separation. It’s essential to know your rights and understand how these laws work. Here are some key points to understand:

  • Legal custody pertains to the right of a parent or guardian to make important decisions about the child’s upbringing.
  • Physical custody involves where the child will live.
  • Joint custody means both parents share responsibilities.
  • Sole custody grants one parent complete decision-making authority.
  • New York state courts always considers factors like the child’s best interests when determining custody arrangements.

Reasons to Seek Legal Help in Child Custody Cases in NY

Hiring an experienced family law attorney for child custody cases can provide you with many benefits over going it alone. An knowledgeable attorney will have the legal expertise to help you understand your rights and navigate the complex legal system in New York. A good lawyer will be able to provide you with guidance on the best course of action to protect your interests and your child’s well-being. Finally, having a expert legal representative can ensure fairness in court proceedings and help negotiate agreements that are in the best interest of you and of your child.

How a Long Island, NY Family Law Attorney Develops a Child Custody Strategy

After a thorough case evaluation, your family law attorney will assess your situation and develop a child custody strategy tailored specifically to the unique characteristics of your case. He or she will consider factors such as the child’s best interests, your relationship with the other parent, and any unique circumstances that may be involved. By creating a solid strategy in advance, your attorney can help you navigate the complexities of your child custody battle with a clear plan in place.

Mediation versus Court Battles: Pros and Cons

If you and the child’s other parent were/are married, your child custody agreement will likely be developed during your divorce proceedings. Of course, there are many different methods of getting divorced, from uncontested divorces, where you and your ex agree on key aspects of the legalities of divorce, to contested divorces, where you and your spouse may be far apart on the issues of your divorce and can often wind up having those issues resolved in court through expensive litigation. In between, there are cases where spouses are not in total agreement on all issues, but they are able to work together to negotiate those differences with the help of a divorce mediator.

In divorce mediation, a neutral third party helps you and the other parent reach an agreement. This process tends to be quicker and less costly than going to court. It also allows for more control over the final decision. Of course, mediation will not work if the two of you are adversarial, there is a history of abuse, or if the other parent is uncooperative.

Court battles involve a judge making the final decision, which can be stressful and time-consuming. Going to court can also be expensive as the legal fees mount up the longer the case goes unresolved. Unfortunately, in cases where cooperation between spouses or parents is not possible, or if one parent is being unreasonable, court battles might be the only method of achieving a fair resolution.

Building Evidence and Presenting Your Child Custody Case

When dealing with child custody battles, it’s crucial to gather as much evidence as possible to support your case. This evidence can include text messages, emails, social media posts, and even witness statements. It is critical to organize your evidence in a clear and concise manner so that it is easy to present in a New York state courtroom. Your family law attorney should be able to  guide you on what evidence is most relevant and how to present it effectively to strengthen your position during the legal proceedings. Remember, the strength of your case often depends on the quality of evidence you can provide.

Negotiating Parenting Plans and Visitation Schedules

Negotiating parenting plans and visitation schedules during a child custody battle on Long Island, NY can be a very challenging process. Here are some key points to keep in mind:

  • Parenting plans outline how parents will share responsibilities and make decisions about their child’s upbringing.
  • Visitation schedules determine when each parent will spend time with the child.
  • It is essential to consider the child’s best interests when creating these plans.
  • An experienced Long Island, NY family law attorney can provide guidance and support throughout the negotiation process.
  • Effective communication and compromise are crucial for reaching agreements that benefit both parents and, most importantly, the child.

The Importance of Legal Representation in Court Hearings on Long Island, NY

In court hearings regarding child custody battles on Long Island, NY, having experienced legal representation is crucial. A family law attorney with experience can provide you with guidance, support, and expertise throughout the legal process. They will understand the complexities of family law on Long Island, NY and can help protect your rights and interests. With a knowledgeable attorney by your side, you can navigate the court proceedings more effectively and increase your chances of achieving a favorable outcome in your case.

Handling Child Custody Modifications and Enforcement

Custody arrangements can be adjusted when necessary through child custody modifications. This is no simple matter on Long Island, NY. Your child custody agreement is a legally binding agreement; you cannot simply change it because you don’t think it works for your particular circumstances now. You need to have a new child custody agreement approved by the court.

This process involves presenting the reasons for the adjustment to a court, which will decide if the changes are necessary and in the child’s best interest. If one parent violates the custody order, the other can seek enforcement through the legal system. Enforcement actions can include fines, community service, or even jail time for the non-compliant parent. It’s essential to understand your rights and responsibilities regarding custody modifications and enforcement to ensure the best interests of the child are upheld and you don’t wind up on the wrong side of the law.

Final Thoughts: Choosing the Right Child Custody Lawyer for You on Long Island, NY

When selecting a family law attorney for your child custody battle, take your time to research and find someone who has experience in family law and specialized knowledge in child custody matters. Look for an attorney who communicates effectively, listens to your concerns, and is dedicated to helping you navigate the legal process with compassion and expertise. Remember, the right family law attorney can make a significant difference in the outcome of your child custody case.

The experienced team of family law attorneys at Hornberger Verbitsky, P.C. have decades of experience successfully representing both sides of the child custody battle in Long Island, NY courtrooms. Contact us today at 631-923-1910 for a free consultation and case evaluation or fill out the form on this page and we’ll get right back to you.

 

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Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

Get your complimentary consultation and case evaluation with our experienced attorneys today. Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

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About the Author

Robert E. Hornberger, Esq., Founding Partner, Hornberger Verbitsky, P.C.

  • Over 20 years practicing matrimonial law
  • Over 1,000 cases successfully resolved
  • Founder and Partner of Hornberger Verbitsky, P.C.
  • Experienced and compassionate Long Island Divorce Attorney, Family Law Attorney, and Divorce Mediator
  • Licensed to practice law in the State of New York
  • New York State Bar Association member
  • Nassau County Bar Association member
  • Suffolk County Bar Association member
  • “Super Lawyer” Metro Rising Star
  • Nominated Best of Long Island Divorce Attorney four consecutive years
  • Alternative Dispute Resolution Committee Contributor
  • Collaborative Law Association of New York – Former Director
  • Martindale Hubbell Distinguished Designation
  • America’s Most Honored Professionals – Top 5%
  • Lead Counsel Rated – Divorce Law
  • American Institute of Family Law Attorneys 10 Best
  • International Academy of Collaborative Professionals
  • Graduate of Hofstra University School of Law
  • Double Bachelor’s degrees in Philosophy, Politics & Law and History from SUNY Binghamton University

RECOGNIZED FOR EXCELLENCE BY:

10 Best Family Lawyers, American Institute of Family Law Attorneys
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