So you’re thinking about going for full custody of your children. We’re not surprised; many of our clients ask us how to get full custody of a child when they are going through a divorce on Long Island, New York. The whole custody process can feel overwhelming, but you’re not alone. We get it – it’s a big step with a lot at stake. Plenty of good parents in New York are seeking sole legal and physical custody every day. But it’s not easy. The key is being strategic, knowing your rights, and building the strongest case possible. With some practical tips and the right legal support on your side, you can set yourself up for the best chance of success. In the right situations, getting full custody is possible with realistic expectations, perseverance, and a focus on your kids’ best interests. We’ll walk you through the steps so you can make the smartest moves. Let’s dig in and get you prepared to take control of this process.

Obtaining full custody in New York state can be a complex and emotionally challenging process. Understanding the legal requirements, preparing a compelling case, and navigating the Nassau County family court and Suffolk County family court systems are crucial steps in pursuing full custody on Long Island.

New York state family courts prioritize the best interests of the child when determining child custody arrangements, making it essential to demonstrate a stable and nurturing environment at home. Factors such as the child’s relationship with each parent, their living situation, and the ability to provide a safe and supportive home environment are key considerations for all family courts in New York. Legal representation and thorough documentation of pertinent evidence are invaluable in building a strong case for full custody. This article aims to provide a comprehensive overview of the steps, legal considerations, and practical strategies involved in seeking full custody in New York.

New York Custody Laws

Overview of Custody Laws in New York

Custody laws in New York state are designed to govern the legal rights and responsibilities of parents in cases of separation or divorce. It is imperative for you as a parent to have a comprehensive understanding of these laws as you navigate the complexities of custody arrangements. The laws encompass various aspects such as decision-making authority, residential arrangements, and visitation schedules.

Understanding Full Custody in New York

What Does ‘Full Custody’ Mean?

In New York, the term “full custody” isn’t officially used. Instead, the court awards either sole custody or joint custody based on the child’s best interests. Sole custody means only one parent has legal custody and decision-making abilities over major life choices for the child.

There are Two Types of Sole Custody in New York State:

• Sole legal custody: One parent makes all major decisions about the child’s welfare like education, religion, and medical care.
• Sole physical custody: The child lives primarily with one parent, while the other has visitation rights.

It’s possible for parents to have different custody arrangements — like one parent having sole legal custody while sharing physical custody with the other. The key factor is what custody situation serves the child’s best interests.

It is essential for parents to understand the nuances of each type of custody before making decisions that will impact their child or children. Factors such as the child’s best interests, the ability of each parent to provide a stable environment, and the nature of the relationship between the child and each parent all play crucial roles in determining the most suitable custody arrangement.

New York state child custody laws prioritize the well-being of the child, and the court may consider the child’s preferences, if they are of a certain age and maturity level, when making custody decisions. Additionally, the court may also consider factors such as the mental and physical health of each parent, any history of domestic violence, and the ability of each parent to foster a positive and nurturing relationship between the child and the other parent.

Navigating New York custody laws requires a thorough understanding of the various types of custody and the factors that influence custody decisions. Parents are encouraged to seek legal guidance from an experienced family law attorney to ensure that they are well-informed and equipped to make decisions that serve the best interests of their child.

How New York Family Courts Determine Sole Custody

New York family courts don’t automatically favor the mother or father when deciding custody. The court’s main goal is to protect the child’s overall well-being and happiness. To do this, judges consider many factors like:

• Each parent’s ability to provide a stable home environment
• The child’s relationships with each parent
• Each parent’s work schedule and availability
• Any history of domestic violence, substance abuse, etc.
• The child’s wishes, if they’re mature enough

Having sole custody doesn’t necessarily mean the other parent gets zero visitation rights. Family courts on Long Island still aim to ensure children have frequent, meaningful contact with both parents when possible and appropriate.

It’s Not Easy Winning Full Custody in New York

To be clear, getting sole custody in any form is very difficult. New York courts prefer joint custody arrangements whenever feasible. You’ll need strong evidence that sole custody truly benefits the child more than co-parenting.

Common reasons for awarding sole custody include:

• Proving the other parent is unfit or unwilling to be an active parent
• The other parent’s work/living situation makes co-parenting impractical
• One parent was the child’s primary caretaker for a long period

If you want sole custody, you need to prepare a thorough case showing why it’s in the child’s best interests compared to joint custody. Having an experienced attorney is highly recommended.

Factors Involved in Full Custody Determination in NY

In child custody cases, both Nassau County Family Court and Suffolk County Family Court carefully evaluate and considers various factors to make decisions that are in the best interests of the child. Among these factors, the parenting ability and stability of each parent play a significant role. It is crucial for parents to understand the weight of these factors in custody determination and how they can positively influence the outcome of any child custody decisions.

Parenting Ability and Stability: Vital Factors for Full Custody in New York

Parenting ability encompasses a wide range of skills and attributes essential for raising a child. This includes emotional stability, the provision of a safe and nurturing environment, consistent and responsible decision-making, and the ability to meet the child’s physical, emotional, and developmental needs. The court assesses each parent’s capacity to provide a loving and supportive environment for the child in reaching decisions about custody of that child.

Stability is another critical factor that influences custody decisions in New York. It refers to the predictability, consistency, and reliability in a parent’s life and parenting practices. This can encompass stable housing, employment, and emotional well-being. New York family courts recognize that parents who demonstrate stability are more likely to provide a secure and consistent environment for their children.

The Child’s Best Interests: Critical for Full Custody in New York

In addition to evaluating the parenting ability and stability of each parent, Long Island family courts prioritize the best interests of the child at all times. This standard considers the child’s physical and emotional needs, the quality of their relationship with each parent, the child’s adjustment to their home, school, and community, and the ability of each parent to foster a positive and healthy relationship with the child.

The best interests of the child are the primary focus in custody determinations. Ultimately, the court aims to ensure that the child’s well-being and development are safeguarded, and that they have the opportunity to maintain meaningful relationships with both parents whenever possible.

Navigating Full Custody Determination with Insight

Understanding the significance of how the courts view parenting ability, stability, and the best interests of the child is pivotal for parents involved in custody proceedings. By prioritizing their child’s welfare and demonstrating a capacity to provide a loving and stable environment, parents can positively influence custody determinations. Seeking legal guidance and support from an experienced family law firm can also aid parents in navigating this process and advocating for their child’s best interests.

Parenting ability and stability, along with the child’s best interests, are fundamental considerations in custody determination. By recognizing the weight of these factors and actively addressing them, parents can contribute to a fair and favorable resolution in custody matters.

When to Seek Full Custody of Your Child in New York

Instability or Substance Abuse Issues

If the other parent is struggling with serious instability, substance abuse problems or addiction issues that put your child at risk, it may be time to pursue full custody. A parent’s inability to provide a stable, nurturing  environment can be grounds for limiting their custody or visitation rights.

Neglect or Abandonment

Has the other parent essentially abandoned the child, failing to maintain contact or demonstrate an active interest in their life? Neglect is a form of emotional abuse. If they’ve been absent or provided no financial/emotional support long-term, seek legal advice on getting full custody.

Risk of Harm or Unfit Environment

Most importantly, if there’s evidence the other parent is causing emotional, psychological or physical harm to the child — or exposing them to an unfit environment — prioritize your child’s safety. Don’t wait to take legal action. Their well-being should come first.

Differing Values or Parenting Styles

While differing values or parenting philosophies alone usually aren’t enough for a judge to grant full custody in New York, they can contribute to the argument if there are other risk factors. Outline how the lack of co-parenting ability and frequent conflicts negatively impact your child.

Document Everything to Win Your Sole Custody Case in NY

Keep a record of all evidence that demonstrates why sole custody may be warranted — credible witnesses, photos/videos, police reports, therapist statements, etc. Having thorough documentation will strengthen your case.

Ultimately, the court’s main consideration is the child’s best interests based on the specific circumstances. If you have serious concerns about your child’s safety or well-being, it’s wise to consult an experienced family law attorney about petitioning for full legal and physical custody.

How to File for Full Custody on Long Island, New York

Understand the Legal Process for Full Custody in New York

Getting full custody in New York involves filing paperwork and presenting a strong case to the court. You’ll need to file a custody petition either in Family Court or as part of a divorce proceeding in Supreme Court. Hiring an experienced family law attorney can greatly improve your odds of a positive result.

Initiating the Legal Process for Full Custody in New York

Filing for full custody in New York can be a complex and emotional process. To initiate the legal process, it is crucial to fill out the necessary paperwork, which typically includes a petition for custody. This document outlines the reasons for seeking full custody and provides details about the child’s living situation, schooling, and healthcare. It is essential to gather any supporting evidence for why you should have full custody, such as documentation of the other parent’s inability to provide a safe and stable environment. Remember, New York courts prioritize the best interests of the child when determining custody arrangements. Therefore, the documentation and evidence provided should focus on how granting full custody to one parent would benefit the child’s well-being and development.

Prove You’re the Better Parent

The court’s main concern is the child’s best interests. So you’ll need to demonstrate that you can provide a stable, nurturing environment better than your ex. Document everything — from school performance and medical records to unsafe living conditions at their home. Eyewitness testimony from teachers, doctors or a court-appointed evaluator also helps build your case.

Negotiate a Settlement

Court battles are stressful and expensive. Before going to trial, try negotiating a custody agreement with your ex through mediation or your family law attorney. You may have to compromise on some visitation terms. But avoiding an adversarial fight usually leads to better co-parenting down the road.

Brace for the Long Haul

Full custody cases rarely get resolved quickly, especially if the other parent is uncooperative. The process often drags on for months or even years. Have realistic expectations – and plenty of patience. The emotional and financial toll can be immense, but staying focused on your child’s well-being can help you push through.
 

What to Expect at Your Full Custody Hearing

The ‘Best Interests’ Standard

In New York, custody decisions revolve around the “best interests of the child” standard. The judge will examine various factors to determine what living and custody situation benefits the child’s overall well-being and development the most. This subjective analysis aims to provide a safe, stable environment for the child’s healthy upbringing.
 

Key Factors Considered in Determining Sole Custody

The court will assess several elements when determining custody, including:

• Each parent’s ability to provide emotional support, love, and guidance to the child
• Each parent’s lifestyle, living conditions, and ability to meet the child’s physical needs
• The child’s existing ties to each parent’s home, school, and community
• Evidence of domestic violence, substance abuse, or other issues that could impact parenting ability
• The child’s own desires, if they are of sufficient age and maturity to express a preference
   

The Hearing Process for Sole Custody

The custody hearing itself involves both parents providing testimony and evidence to support their case for custody. Witnesses like teachers, relatives, or child psychologists may also be called. The judge questions all parties and reviews documentation before rendering their decision based on the “best interests” factors.

Ultimately, remaining calm, truthful, and focused on your child’s needs is crucial during this emotional process. Having an experienced family law attorney represent you can also significantly strengthen your custody case.

Importance of Legal Counsel in Seeking Full Custody

Seeking full custody is a significant legal undertaking, and having the guidance of a knowledgeable family law attorney is highly advisable. Experienced legal counsel can provide invaluable support by helping navigate the complexities of the legal system, ensuring that all paperwork is completed accurately, and representing your best interests in court, if necessary. Furthermore, an experienced attorney can offer guidance on how to present a compelling case for full custody, providing peace of mind during this challenging time. When selecting your legal counsel, it’s essential to choose an attorney with expertise in family law and experience in handling custody cases on Long Island, New York. Your lawyer should demonstrate a commitment to understanding your specific circumstances and advocating for the well-being of your child. They can also aid in negotiating with the other parent or their legal representation to potentially reach an amicable agreement outside of court, minimizing the emotional and financial strain on all parties involved.

Understanding the Legal Factors Involved in Getting Sole Custody

It’s crucial for individuals seeking full custody in New York to understand the legal factors that influence custody determinations. New York courts consider various aspects, including the child’s relationship with each parent, the ability of each parent to provide for the child’s physical and emotional needs, any history of domestic violence or substance abuse, and the willingness of each parent to foster a relationship between the child and the other parent. Understanding these factors can help individuals prepare a stronger case for full custody by addressing each element comprehensively and providing evidence that demonstrates their ability to meet the child’s needs effectively.

Emotional Support and the Child’s Well-Being are Keys to Gaining Full Custody

During the process of filing for full custody, it’s essential to prioritize the emotional well-being of the child. The legal proceedings and potential disputes involved in obtaining sole custody can be emotionally challenging for the child, and it’s crucial to provide a supportive and nurturing environment at all times. It may also be beneficial for the parent to seek emotional support for themselves as they navigate this process. Seeking counseling or joining support groups can provide a valuable outlet for emotional expression and guidance on how to create a stable and positive environment for the child during this transition.

Filing for Full Custody in New York is Complex

Filing for full custody in New York involves navigating a complex legal process, and it’s essential to approach it with careful consideration and thorough preparation. Seeking appropriate legal counsel, understanding the legal factors that influence custody determinations, and prioritizing the emotional well-being of the child are crucial elements of this process. By taking these steps and ensuring that every decision you make is made with the best interests of the child in mind, individuals can work toward getting full custody in New York while providing a stable and nurturing environment for their child’s growth and development.

Preparation for Getting Full Custody in NY

When preparing to get full custody of a child in New York, it is crucial to document the parenting responsibilities of each parent. This documentation should include keeping track of the child’s daily routine, medical records, and any other important information. Establishing the stability and support for the child is essential. You need to show you are creating a stable living environment and ensuring that the child has a strong support system in place, whether it be through family members, friends, or professional resources.

Use a Comprehensive Approach to Document Parenting Responsibilities to Achieve Full Custody in New York

Documenting parenting responsibilities includes maintaining a thorough record of the child’s educational and extracurricular activities, as well as any specific needs or requirements they may have. This documentation not only demonstrates a clear understanding of the child’s needs but also serves as evidence of the parent’s commitment to providing comprehensive care. It is important to keep detailed records of your child’s school performance, attendance, and any educational assessments or special education services they may require. Documenting the child’s extracurricular activities, hobbies, and interests can showcase your dedication to nurturing the child’s individuality and personal development.

Establish Stability by Creating a Nurturing Environment

It is important to demonstrate that you are establishing stability by creating a consistent and nurturing living environment for the child. This can involve maintaining a routine that provides structure and predictability, as well as ensuring that the child has access to necessary resources and services. Stability also includes providing emotional support and a sense of security for the child. This can be achieved by fostering open communication, expressing unconditional love, and addressing any emotional or psychological needs the child may have. Ensuring a safe and healthy living environment is essential for the child’s overall well-being and will be noted by the appropriate Long Island family court.

Enlist Professional and Personal Assistance to Build a Strong Support Network to Gain Full Custody in NY

Building a strong support network is crucial for the child’s well-being during the transition to full or sole custody. It is vital for parents to identify and engage with individuals or organizations that can offer emotional, financial, and practical support to both the child and the parent. This can include extended family members, close friends, support groups, and professional counselors or therapists. Seeking legal advice and guidance from experienced family law attorneys can also provide valuable support and ensure that the custody process is navigated effectively.

Documentation is Key to Getting Full Custody in New York

By prioritizing the documentation of parenting responsibilities, the establishment of stability, and the cultivation of a robust support system, you can better prepare yourself for the challenges and responsibilities associated with gaining full custody of your child. It is crucial to approach the process with diligence, empathy, and a focus on the child’s best interests, ensuring that their well-being remains the central priority throughout the custody transition.

Proving You Are the More Fit Parent for Sole Custody in NY

Document Everything

One of the most important things you can do to help your case for full custody is to document your involvement as a parent in the child’s life. It’s important to keep a detailed journal or log of all parenting duties, time spent with the child, child-related expenses, and any important events or issues. This documentation provides concrete evidence of your active role and commitment to the family court.

Gather Supporting Materials

Collect any relevant supporting documentation that demonstrates your fitness as a parent. Having this paperwork organized and readily available can strengthen your case. This documentation could include items such as:

• Report cards, medical records, and other documents showing your care for the children’s needs
• Photographs and videos capturing positive interactions and memorable moments
• Witness statements from teachers, childcare providers, friends, or family members
• Police reports or protective orders if there are any safety concerns

Emphasize Stability and Consistency

Long Island family courts want to ensure the children will have a stable, consistent environment. Highlight factors like:

• Your ability to provide a safe, nurturing home environment
• Involvement in the children’s education, extracurricular activities, and emotional development
• A solid support system of family or friends who can assist with childcare when needed Your flexibility to be available for the children’s needs and schedules

Demonstrate Your Willingness to Cooperate

While the situation may be contentious, it’s crucial to show a willingness to facilitate a relationship between the children and the other parent (unless there are extenuating circumstances like abuse or neglect). Offer a reasonable parenting plan and be open to compromises regarding visitation schedules and decision-making. This cooperation reflects your commitment to the children’s best interests.

Maintain Professionalism

Throughout the custody process, always conduct yourself with poise and respect. Avoid speaking negatively about the other parent, making unsubstantiated accusations, or displaying hostility or anger. The court will view these behaviors unfavorably. Instead, remain focused on presenting yourself as the level-headed, responsible parent best suited to have primary custody.

Gathering Evidence to Support Your Full Custody Claim

Official Documentation is Key

Remember, official documents carry a lot of weight in custody battles. Things like medical records, police reports, and incident reports from your child’s school paint a clear picture of your situation. They’re hard evidence a family court judge can’t overlook.

Report Cards and Expenses

Beyond the major reports, don’t forget to gather mundane paperwork too. Report cards show your involvement in your child’s education. Receipts and bank statements prove you’ve been financially supporting them. Every scrap of evidence builds your case.

Create a Paper Trail

If you don’t have certain documents yet, start creating that paper trail immediately. Write letters to your ex about important issues, then keep copies. Follow up every phone call with a summary email for your records. Judges love a clear timeline of events.

Photos and Recordings

Visual evidence can be extremely powerful in demonstrating an unsafe environment, but be very careful about taking photos/videos without consent — that could hurt, rather than help, your case. Only record in your own home, car, etc. when your ex isn’t present.

Keep a Detailed Journal

Writing everything down creates a invaluable record. Log the date, time, and full details of every incident, no matter how minor it seems. Include direct quotes when possible. The longer your organized account goes back, the stronger your case becomes.

Witness Testimony

Finally, look for impartial witnesses who’ve observed your ex’s unfitness firsthand — teachers, counselors, law enforcement, etc. Getting statements in writing from trustworthy figures adds credibility to your case.

Preparing Your Paperwork for Full Custody in NY

Get Legal Counsel if Possible

While you can file for full custody pro se (without an attorney), it’s wise to consult an experienced family law attorney. An experienced lawyer’s guidance is invaluable when preparing paperwork and evidence for a full custody hearing.

Gather Key Documents

To file for full custody in New York, you’ll need copies of your child’s birth certificate, social security card, and other identifying documents. If applicable, collect records like report cards, medical files, and communications showing your active parenting role.

Outline Your Case

Effective paperwork tells a clear, compelling story about why you deserve full custody. Prepare an outline covering the child’s living situation, your involvement, the other parent’s deficiencies, and reasons full custody serves your child’s best interests.

Draft Forms Carefully

Most family courts in New York provide forms to petition for custody. Read instructions thoroughly and fill them out neatly. Include all requested information, checking for spelling and grammar errors. Incomplete or sloppy paperwork creates a poor first impression. An experienced family law attorney can help in this regard.

Get Forms Notarized

Many custody forms require notarization. Find a notary public at your bank, courthouse, or shipping store. Bring valid photo ID when getting signatures notarized.

Make Copies for Filing

Before filing your papers in Suffolk County or Nassau County family court, make copies of all completed custody paperwork for your records. The court will require multiple copies as well. Check the New York state family court website for accepted payment methods to cover filing fees.

Be Prepared for Patience

Filing for full custody requires perseverance, as cases can drag on for months. But taking time to properly prepare your paperwork lays a strong foundation for your custody fight.

Navigating the Legal Process of Full Custody in New York

Understanding Nassau County and Suffolk County Court Procedures

Court procedures are the set of rules and processes that govern how a case is handled in a legal system. Understanding these procedures is crucial for anyone involved in a legal dispute, whether as a plaintiff or defendant. It involves knowing the correct forms to file, the deadlines to meet, and the proper way to present evidence and arguments in court. By having a clear understanding of the appropriate court procedures in Nassau County or Suffolk County, individuals can ensure that their case progresses smoothly and efficiently. Additionally, it is important to recognize the different types of courts and their jurisdictions. This knowledge can help in determining the appropriate venue for filing a case and understanding the specific rules that apply to different courts.

Presenting a Strong Case for Full Custody

Presenting a strong case involves thorough preparation and effective communication. It begins with gathering all relevant evidence, such as documents, witness testimonies, and expert opinions. This evidence must then be organized and presented in a clear and compelling manner to support the legal arguments. Understanding the rules of evidence and courtroom etiquette is essential for presenting a strong case. By mastering these elements, individuals can enhance their credibility before the court and increase the likelihood of a favorable outcome. Moreover, it is crucial to comprehend the importance of experienced legal representation. Engaging a skilled and experienced attorney can significantly impact the strength and presentation of a case, as your attorney will possess the expertise to navigate complex legal procedures and advocate effectively on your behalf.

Navigating the legal process can be complex and intimidating, especially when you are unfamiliar with court procedures. Understanding court procedures and presenting a strong case is essential to achieving a favorable outcome. By familiarizing yourself with the legal process, you can navigate it more effectively and increase your chances of success. Seeking professional legal guidance and representation can provide valuable support throughout the legal journey, ensuring that your rights are protected and your case is presented in the best possible light.

After Obtaining Full Custody

Co-Parenting and Communication: Nurturing a Healthy Relationship

After obtaining full custody of your child, it’s essential to focus on effective co-parenting and communication with the other parent. Co-parenting is crucial for the well-being of the child, and maintaining open, respectful communication can greatly benefit the child’s emotional development. It’s important to establish a healthy co-parenting relationship, keeping the child’s best interests at the forefront. When co-parenting, it’s vital to consider the child’s schedule, needs, and emotional health. Open dialogue, flexibility, and compromise can contribute to a more harmonious co-parenting dynamic, fostering a sense of stability and security for the child.

Ensuring the child’s well-being now and in the future should be your top priority. This involves creating a stable and nurturing environment for your child, both emotionally and physically. Providing consistent routines, showing love and support, and being actively involved in your child’s life are key aspects of ensuring their well-being. Additionally, being attentive to any signs of distress or adjustment issues in the child is vital, and seeking professional help if needed is important for their overall welfare. It’s also essential to encourage and support the child’s relationships with extended family members, friends, and their involvement in extracurricular activities, contributing to their overall growth and happiness.

As a custodial parent, it’s crucial to prioritize the child’s needs and maintain a positive and supportive co-parenting dynamic for their healthy development. Being empathetic, patient, and consistently present for the child during this transition is fundamental in helping them adapt and thrive in their changed circumstances.

Navigating the legal process to obtain full custody on Long Island, New York can be complex and emotionally challenging. It requires a deep understanding of state laws, thorough documentation, and the ability to present a compelling case in court. It’s crucial to seek the guidance of a qualified family law attorney and to prioritize the best interests of the child throughout the proceedings. While the road to obtaining full custody may be arduous, it’s important to remain resilient and focused on providing a stable and nurturing environment for the child. With the right support and preparation, it is possible to achieve a favorable outcome in the pursuit of full custody in Nassau County or Suffolk County New York court.

Getting Legal Help for Your Full Custody Case

Seeking Professional Guidance
 

When it comes to navigating the legal intricacies of a full custody case in New York, seeking professional guidance can make a world of difference. While it’s possible to represent yourself in Family Court, the process can be complex and emotionally charged. Enlisting the help of a knowledgeable attorney or legal aid organization can provide invaluable support and increase your chances of a favorable outcome.
 

Exploring Low-Cost Legal Options

For those facing financial constraints, there are several low-cost or even free legal resources available in New York. The New York State Child Support Helpline (1-888-208-4485) offers guidance on custody matters, while organizations like Family Legal Care provide legal representation for unrepresented parents in Family Court proceedings. It’s important to note that you don’t need an attorney to file a custody petition in Family Court. However, having an experienced legal professional by your side can ensure that your rights and your child’s best interests are protected throughout the process.
 

Seeking Emotional Support

In addition to legal assistance, it’s crucial to prioritize your emotional well-being during a full custody case. Seeking counseling or joining a support group can provide a safe space to process the complex emotions involved and help you make informed decisions with a clear mindset. Remember, the road to full custody can be challenging, but with the right legal guidance, emotional support, and perseverance, you can increase your chances of a favorable outcome that prioritizes your child’s well-being.

We Can Help You Get Full Custody

At Hornberger Verbitsky, P.C., we have extensive experience navigating the complexities of child custody laws in New York. Our team of dedicated attorneys will work closely with you to build a strong case for full custody, ensuring that your rights and the best interests of your child are protected.If you’re ready to take the first step towards securing full custody, we offer a complimentary and confidential consultation. Contact us today to discuss your situation and learn more about your options. Visit our website at [insert website link] to find out more about child custody laws in New York and how we can assist you.Remember, you don’t have to face this challenging process alone. Trust Hornberger Verbitsky, P.C. to guide you through the legal complexities of child custody and help you secure the best possible outcome for you and your child. Contact us at 631-923-1910 for a free consultation and case evaluation or fill out the short form on this page.

~Blair Sojka

FAQs: How to Get Full Custody in New York

What are the Grounds for Sole Custody in New York?

In New York, the court will award full custody based on the “best interests of the child.” This takes into account factors like each parent’s ability to care for the child, the child’s preferences (if old enough), and any history of abuse or neglect. A parent must demonstrate that granting the other parent visitation rights would be harmful to the child’s well-being. Having concrete evidence like witnesses, documents, or expert testimony strengthens your case.

How Do I File for Full Custody on Long Island?

To request sole custody during a divorce, you need to file a custody petition in the Supreme Court
in the county where your divorce is being handled. If you’re not divorcing, you’ll file in Family Court in your county. The petition should clearly state why you believe it’s in the child’s best interests for you to have full custody. Provide specific examples backing up your reasons.

How Much Does it Cost to File for Sole Custody?

According to the New York state Unified Court System website, it is free to file a custody petition in Family Court. However, additional costs like hiring an attorney, taking time off work, transportation, etc. can quickly add up. If you can’t afford the fees, you may qualify for a fee waiver based on your income and assets.

What’s the Full Custody Process Like in New York?

After filing, the judge may order a custody evaluation by court-appointed professionals. This involves home visits, interviews, and reviews of records like criminal histories. There are typically several court appearances over several months where evidence is presented. The judge ultimately decides based on all information gathered. Be prepared for a lengthy and often stressful process when seeking full custody.

Getting Sole or Full Custody is Not Easy in New York

So there you have it, folks. Getting full custody of your kids in New York is not easy. You’ll need to have an airtight case and be ready for a legal battle. But if you prepare properly, get all your ducks in a row, and work with a great lawyer, it’s definitely possible. Just remember to always put your kids first. Even if you don’t get full custody, your relationship with them is the most important thing. So, focus on being the best parent you can be, and good luck! Hopefully this guide gave you some useful tips and a place to start in your custody case. Now go out there and fight for your family!

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.

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.

“Bird nest custody” is a unique type of Child Custody arrangement the children remain in the marital home while the parents come and go on approved schedules. This method of child custody has gained popularity in divorces on Long Island, New York, where people want to refrain from making drastic changes to the lives of their children.

There are many different ways this can play out. In some cases, one parent may live in the home with the children from Monday to Friday, while the other lives in the home on weekends. In others, one parent may live in the home for a week or a month and then at the end of that time, the other parent comes in and lives in the home for a similar period of time.

Bird Nesting Custody Agreements Must Outline Expectations

In this type of arrangement, both parents typically remain responsible for the marital home where the children live. If the responsibilities and costs are not fully discussed and documented beforehand, this type of custody can lead to disagreements and confusion.

All homes need to be cleaned, maintained, updated, and renovated over time. The way in which this is accomplished depends on the agreement made during negotiations of the divorce and child custody agreement. This may mean contributing equally to projects that need to be undertaken, or it may mean one parent is responsible for some items and the other is responsible for others. For example, one parent may be responsible for cleaning the home, while the other may be responsible for maintaining the lawn and landscaping. If this is not all discussed and spelled out in the agreement beforehand, it can lead to confusion and disagreements.

You may have divorced and left your marriage because you could not agree on various matters. That is what makes it far more challenging for bird nesting custody agreements to work without a carefully and comprehensively outlined plan in advance.

Creating a List of Rules Helps Bird’s Nest Custody Arrangements

One of the steps that can be taken when entering into this type of custody agreement is creating a list of house rules and governing decisions. This would allow for clarity in these goals.

• Who will maintain the home while living in it? This typically means cleaning and day-to-day maintenance and is often done by the party living in the home at the time. As in the example above, this needs to address both interior and exterior maintenance.
• How will style-based and aesthetic updates to the home be made? If painting the walls, adding a flower garden, or other non-necessary updates need to be done, how will those be decided upon and paid for? This could be split between the two when agreed, or one party may be responsible outright. What if one party thinks the walls need to be painted and the other thinks things are fine the way they are? How will these be decided?
• How will conversations happen related to bigger renovation needs like the roof or replacement of windows? These structural, necessary updates are likely to need to be done at some point, but who decides when they need to be done? Will these costs be divided equally or will one parent take on more of the responsibility?

Because of the complexity and numerous responsibilities that come with owning a home, working with an experienced Long Island, NY divorce attorney that can objectively consider these issues ahead of time is critical. You’ll want to engage an attorney like this early on to create a strong, comprehensive agreement that outlines all of these rules and obligations in advance. For bird nesting custody to work, decisions on all of these areas must be made in advance so there is no question about them later when the issues arise.

How to Make Bird Nesting Custody Work on Long Island, NY

In shared custody through bird nesting, parents must be able to effectively communicate. If you’re considering this type of custody, you will likely need to be on amicable speaking terms with your ex.  

• Create a clear list of objectives that both parties agree to before heading into the legal process.
• Outline all requirements related to caring for the children, including who can make decisions and when both parties must be a part of the decision-making process.
• Carefully outline the responsibilities and expectations of maintaining the home. This should include day-to-day cleaning and maintenance and savings for large renovations and updates.
• Outline a specific strategy for handling disagreements in these home renovations and maintenance concerns. If you cannot agree, how will decisions be made? This could include a neutral third party, for example.
• Outline an exit strategy. If, over time, it becomes apparent that this type of custody agreement cannot work, what will happen? This may include the sale of the home or one party taking over full responsibility and an alternate child custody agreement is put in place.

Creating an agreement like this will help facilitate decisions and help preserve the integrity of the bird nesting process. These types of decisions are challenging for many families and must be considered when entering into this type of living situation, especially if it turns out that the property does not get the attention it needs over time, reducing its value or even becoming unsafe for the children.

Bird nesting custody agreements like this also take financial consideration. Often, both parents have their own home away from the family home and then must maintain some part of the costs associated with the family home while maintaining their own properties. This can becomes expensive over time and must be considered before entering into this type of custody arrangement.

Work with an Experienced Divorce Attorney Who Can Help You with Bird’s Nest Custody Matters

Our experienced team of Long Island, NY, divorce attorneys can help you create a custody agreement that outlines all of the requirements necessary. At Hornberger Verbitsky, P.C., we are also ready to help you determine the best type of child custody your family and what options offer the best solution for you.

To learn more, set up a free consultation with one of our divorce attorneys by calling 631-923-1910. Or filling in the short form on this page.

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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.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation. All Fields Are Required

From baseball, football and soccer to piano, gymnastics and dance, most children on Long Island, NY have a full schedule of things to do and engage in after school and on weekends. Each of these extracurricular activities may have its merits to the child’s physical and social development, desires and goals, but they also have associated costs. Often, those costs can rise substantially over time, often making it hard for parents to cover the added expenses. In a Long Island, NY divorce, who pays these additional expenses. What should you do if you and your ex cannot agree on who pays for these extracurricular activities or the costs related to them?

At Hornberger Verbitsky, P.C., our experienced divorce attorneys on Long Island, NY, can provide you with case-specific insight into what your responsibilities are in matters such as these. The following are some of the expectations you can have throughout this process.

Extracurricular Activities Are Typically Included in Child Support Payments

In general, the cost of these activities is expected to be paid as a part of child support. In some situations courts will rule on specific extracurricular costs and requirements. For example, if a child’s mother pays child support for their son to the father, that child support payment should cover the son’s extracurricular activities in most situations.

Sometimes, the court will rule on what are considered “add-on” costs. These would be added costs applied in addition to child support payments. Though not typical, you can request it from the other parent and the courts in general.

How to Request Add-On Payments for Child Support in New York

If you wish to change any type of agreement put in place by a New York court, you must file a formal request with the applicable court. However, we suggest a few key things to potentially support co-parenting.

• Be sure to first talk to an experienced child support attorney in Long Island, NY before making any assumptions. Ensure that you know what your likelihood is of obtaining add-on support.
• Mediating these matters out of court tends to be more efficient and faster, providing you with insight and guidance immediately.
• Save these types of add-on requests for serious and significant needs rather than simple minor expenses.

If you are making a decision about where your child should go to school, such as putting your child into a private school, then add-on changes to your existing agreement may be beneficial. However, if you are hoping the noncustodial parent will cover your child’s swim classes or arts group, that is not likely something the court will rule in favor of, instead requiring that these costs are paid out of the child support payment.

In situations like this, when costs begin to add up, such as when a child is getting older and more involved, the court may be in favor of increasing the amount of child support you receive. This often happens only when it is considered in the child’s best interests. Our Long Island, NY, child support attorneys can help you navigate what the court will consider the child’s best interests.

What Are Your Options If You Do Not Agree with the Extracurricular Activities Your Ex Is Enrolling Your Child In?

Under child custody law in New York, the party with legal custody over the child is the decision maker in matters like this. They typically do not need permission from the other parent when a child wants to engage in an activity or when they put a child into an extracurricular activity. However, that only applies to situations where one parent has sole legal custody. Today, many parents have shared legal custody, and that means there are many instances in which such decisions must be made by the parties together. When possible, that is the best route to take.

In situations where you believe the extracurricular activity is detrimental to what is in the best interests of the child, you may be able to seek a court decision related to it. Court intervention on matters like these can be obtained if you believe the best interests of the child are not being met. The court will gather facts from both parents and even include the child’s preferences in some cases and then make a ruling decision about what to expect.

Let Our Experienced Child Support Attorneys on Long Island, NY Offer You Guidance

The Child Support Family Law attorneys at Hornberger Verbitsky, P.C., understand decisions about extracurricular activities are important to all involved. Let our highly experienced child support attorneys in Long Island, NY, offer you guidance on what your legal rights are. Call us now for a consultation at 631-923-1910 or fill in the short form on this page.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

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.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

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Are you worried about your child’s safety when they are in your ex’s custody? If you believe your ex is using drugs or alcohol and putting your child at risk when in their custody, you need to know what you can do to protect them and ensure their safety. If your ex has custody of your child, it is your right, even your obligation, to ensure your child remains safe there. It is not uncommon for parents to encounter dangerous situations like this, and in those cases you need to know the legal options available to you to protect your child.

Before you do start making accusations of substance abuse against your ex, we encourage you to set up a consultation with the experienced Long Island, NY divorce attorneys at Hornberger Verbitsky, P.C. Taking this first step can help ensure you remain protected and your child gets rapid help if they need it. If you are divorcing an addict on Long Island, NY, we encourage you to understand your rights before taking action.

Can You Request a Drug Test of Your Ex with Child Custody?

In any child custody matter, requesting a drug test can be a powerful tool to help you show that your child’s other parent is unfit. If you seek sole custody, you may take this step to you’re your case. However, when the court has already assigned custody to the other parent, the process becomes a bit more challenging.

You should only pursue a drug test request like this if you are confident that the other parent is putting your child at risk through the illegal or misuse of drugs or alcohol. This is key because, if that does not happen, you could be seen as vindictive and wasting the court’s time, which ultimately hurts your case.

What to Do When You Know Your Child Is At Risk

In situations where you need to request a drug test for the other parent, do not speak to the other parent or alert them to this in any way. Instead, work with your Long Island, NY divorce attorney to file a motion with the court. The court will ask for the reasoning behind this motion, and you will need to provide it.

For example, if your child was in the car when your ex was charged with driving under the influence, that is clear evidence. If you have photos or videos of the other parent using substances illicitly while in the presence of your child, that could also be helpful. Witness statements, employer statements, or other information could be considered as well.

Providing the court with a pattern of substance abuse can also be a clear reason to require a drug test. Providing proof of this through photos, videos, or text messages may be necessary in these situations. Note that it is not uncommon for exes to falsely accuse the other of substance abuse or misuse as a way to influence custody decisions. The court knows that and will carefully examine any request for a drug test before moving forward with it.

What to Expect in Child Custody on Long Island, NY

The court will give both parties a chance to argue their case for or against the drug test and why they feel it may or may not be beneficial. It is up to the court to then decide. Long Island, New York state courts may be willing to order a drug test if they believe the child is at risk. If so, they will determine the type of test to administer, such as a urine, blood, or hair test. Depending on the type, it may provide evidence of substance use for a period of time.

The court will determine:

• Where the test will be done
• When the test must be done by
• And what the outcome of a failed drug test may mean to the parent
• If and when to consider a challenge to positive test results
• If a temporary child custody order is necessary

A positive drug test on your ex does not automatically change custody agreements. It also does not mean that the other parent cannot maintain partial custody of the child. Each situation is carefully considered to ensure that the best interests of the child are protected.

What You Should Do Now to Protect Your Child if You Suspect is Abusing Drugs or Alcohol

At Hornberger Verbitsky, P.C., we take action quickly to ensure your child is not being put in harm’s way due to the drug or alcohol abuse of the other parent. If we believe that it is in your best interests to pursue a drug test against your ex to prove that they are putting your child at risk, we will tell you that. Our Long Island, NY child custody attorneys will work diligently to pursue motions to encourage the court to take necessary action. We can also help you understand parental rights after an NY criminal conviction, such as a DUI.

Contact us now for a free initial consultation and case evaluation. Our team is ready to help you when you call 691-923-1910 or fill in the short form on this page.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

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.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

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What to Expect When Working with a Guardian Ad Litem on Long Island, New York  

In divorce proceedings involving child custody on Long Island, New York, it can be challenging for the court to understand what is best for your child. That is where a guardian ad litem comes into play. A guardian ad litem is an officer of the court, but they are not an attorney – instead, they are tasked with representing the best interests of your child (or children).

If your divorce case involves a guardian ad litem, it’s important to understand the role of this individual, what they can do, and how to interact with them to promote a successful outcome.

What Is a Guardian Ad Litem?

The term “guardian ad litem” might sound intimidating. But really, this person’s job is simple: They are a court-appointed, objective body responsible for looking out for the best interests of someone who cannot represent themselves. These individuals are often employed in child custody cases but can also be used in elder law or cases involving an incapacitated or incarcerated person.

What Should You Expect When Working with a Guardian Ad Litem on Long Island, NY?

Many people refer to the guardian ad litem as the “eyes and ears” of children in a divorce case. Because people under 18 cannot appear in court on their own behalf, the guardian is tasked with advocating for them. To gain an accurate picture of the child’s life and make recommendations about their best interests, the guardian will conduct an in-depth investigation.

This may involve visiting places and situations that are part of the minor’s life. For instance, a guardian ad litem will often visit the child’s school as well as each parent’s residence. They will also conduct detailed interviews. Then, they will report back to the court and make a recommendation concerning custody and visitation issues.

Judges typically hold these reports in high esteem, so it’s important that you take the involvement of a guardian ad litem seriously and put forth a strong effort to impress them. Make sure you are honest and upfront while putting your best foot forward.

Who Pays for the Guardian Ad Litem on Long Island, New York?

Compensation for a guardian ad litem is drawn from the financial resources at stake in your divorce case – likely, your marital assets. The court is responsible for reviewing the guardian ad litem’s fees and ensuring they are reasonable, but typically you will pay for the guardian at litem from your divorce estate.

Will Your Long Island, NY Divorce Case Require a Guardian Ad Litem?

Not every Long Island, NY divorce case involving children will require a guardian ad litem. The court usually appoints one of these guardians only if they have a reason to believe there are problems within the home that present a risk to your child’s well-being. For instance, guardians are often used in cases involving neglect or abuse. Generally, the court will list its reasons for appointing a guardian ad litem in the related court order.

It’s also important to note that the court is not the only party that can request a guardian ad litem be involved in your case. New York Law (Chapter 8, Article 12, Section 1202: Statute on Appointment of Guardian Ad Litem) states that the topic can come before the court upon a motion by any of the following:

• A party to the divorce action (i.e., either parent)
• A relative, friend, or conservator
• The children themselves, if they’re over 14 years old
• The court, if required by circumstances or if parents have indicated there will be contested issues around how the child is raised.

Can You Fire Your Guardian Ad Litem on Long Island, New York?

Generally speaking, once the guardian ad litem is appointed, a judge is the only person who can discharge them. That said, if you feel your guardian is acting inappropriately, you have options. You can bring a motion requesting that the guardian be discharged – though you will need to express your reasoning. Ultimately, the decision rests in the hands of the judge.

Hornberger Verbitsky, P.C. Is a Trusted Family Law Firm on Long Island, New York

If you have questions about a guardian ad litem in your divorce case or if one has already been appointed and you need help navigating the situation, don’t hesitate to reach out. We have extensive experience working with court-appointed guardians, and we can help you achieve a resolution that benefits everyone.

Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form and we’ll get in touch with you.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

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.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

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When you’re feeling threatened in any way, an Order of Protection can be an incredibly valuable legal tool to protect you from the threatening party, even if that party is your spouse or ex-spouse. What happens, though, when you pursue this order, and there are children involved? 

First, let’s be clear. If your safety or that of your children is at risk, request an Order of Protection immediately and report the crime to the police. Our experienced Long Island, NY family attorneys can help you every step of the way through this process.

What Happens When You File an Order of Protection?

An Order of Protection is assigned specifically to mitigate your risks. It can order a person to stay away from you, the protected person, and have no contact with them. It serves as a warning not to commit any acts that would be considered harmful to that person. 

There are two specific types of orders that may apply:

• Stay-away orders: These require that the named party not have any contact with the protected individual. That includes both direct contact as well as through third parties. That may include social media or texting, for example.
• Refrain-from orders: Sometimes referred to as limited orders, this type of legal requirement requires the named party to refrain from certain acts or offenses related to the protected party. That includes stalking, harassing, or assaulting. An ex-spouse cannot bully you, for example.

Our legal team will work with you to pursue the best type of protection order for your situation so that a Nassua County or Suffolk County court judge will issue the most appropriate type of order for your situation..

How Does Child Custody Play a Role in This?

The next consideration is child custody. If you file an Order of Protection in a Long Island, NY court, you can request that the court provide you with temporary custody of your children. Depending on how the judge writes the Order, it may provide some provisions for visitation and may still require payment for spousal or child support. It may protect parental rights as outlined in a divorce settlement, but the details matter here.

For example, if the court determines the child is at risk for being abused in any way, the Order of Protection could require further investigation and a pause to such visitation if there is danger to the child.

Will a Judge Strip Custody If an Order of Protection Is Awarded?

Unfortunately, there are many situations where these types of Orders are necessary because of child abuse or domestic violence. When that is the case, a judge will use that information in evaluating any visitation or child custody rights. The job of the judge is ultimately to determine what is best for the child. 

If the Order of Protection is not based on violence and seems to be a dispute between just the parents, the court may not automatically eliminate custody or visitation of a child. They may, however, modify how that visitation occurs in stay-away orders to prevent the interaction between parents.

Here Is Why You Need a Family Law Attorney on Long Island, NY

An Order of Protection is a serious legal remedy. When you petition the court for an Order of Protection, you need to provide as much detail and a compelling reason for it. That often means having evidence, witness statements, and comprehensive information that can show the court there’s a real risk here. To ensure that temporary custody is awarded to you in these situations, you also need to show that there’s a risk to the child in the current situation.

This is not simple to do. Our experienced and knowledgeable family law attorneys can provide you with comprehensive help:

• Determine which court to seek help in. Family court tends to focus on family offenses such as harassment, sexual abuse, disorderly conduct, and reckless endangerment claims. The criminal court will focus on abuse protective orders, which are often issued at the time of the party’s arraignment.
• Provide you with support in proving your case. We will work with you to present all evidence available to prove what occurred to you was unjust and warrants this order placement.
• Provide the judge with a reason to award temporary custody. Our family attorneys will then work to show the court that awarding you child custody is a critical move to protect your child.

Don’t make the mistake during child custody battles to assume you can prove your case. Let us help.

What You Should Do Right Now to Protect Yourself and Your Children with an Order of Protection

At Hornberger Verbitsky, P.C., we recognize the risks you are facing and your need for immediate, confidential help. Don’t assume that filing for temporary custody or an Order of Protection is going to be a simple, straightforward process. We can and use the full power of the law to protect your rights and the rights of your children. Contact us now for a free initial consultation and case evaluation. Our team is ready to help you when you call 691-923-1910. 

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

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.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

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You have very strong religious beliefs you want to instill in your child as they get older, but their other parent is very much against your wishes. Who makes religious decisions for a child under New York state law? Like all other major child-rearing decisions, religion can be a difficult issue to navigate when your co-parent objects.

Child custody and the decision-making that comes with are some of the most complex and challenging aspects of any divorce. It’s a bit easier to manage when parents agree on important topics, such as education and healthcare, but when you can’t agree, the law offers some insights into who gets to make what decisions for the child. Let’s take a look at how religion-based decisions are made in New York state courts.

Long Island, NY Has a Diverse Mix of Religions

People in New York, as elsewhere in the world, are passionate about their religion. The Pew Research Center found that, across New York, about 60% of people identify as Christian, with 31% as Catholic, 11% as Mainline Protestant, and 10% as Evangelical Protestant. About 12% follow a non-Christian faith, with about 7% aligning with the Jewish faith and 2% with Muslim. Only about 5% state they are atheists. With so much diversity, it’s easy to see that religion could become a very big factor in any child custody matter.

Decision-Making in a Long Island, NY Divorce Case Comes Down to the Best Interests of the Child

New York Courts require that all decisions made for a child are made in the best interests of that child. Who can say, though, that one religious practice or another is “best?”

First, if there is no court order in place for the child, either parent can make those decisions, and both share equal rights to do so. Let’s assume you are divorcing and working toward a child custody agreement.

Who has legal custody?

Under New York state law, the parent with legal custody of the child has the right to make key decisions about the child’s religious upbringing. Legal custody will be clearly defined and awarded in most child custody battles. In cases of sole legal custody, that person is the decision maker.

What happens in joint custody matters?

In some custody battles, the court awards joint custody, meaning both parents share the right to make decisions regarding medical care, religion, and education. In this situation, the court expects both parents to work together to resolve disagreements like this. Ultimately, in this case, both parents must agree on the decision.

What happens when you do not agree?

Religion is a very complicated topic, and some divorces happen as a direct result of the spiritual beliefs of one parent or the other. When you cannot come to an agreement about the decisions for your child, the court will have to decide this issue for you.

The U.S. Constitution forbids any court from deciding what religion a child should practice. However, it can assign specific rights to make that decision to one parent. The court can provide one parent with a “spheres of influence” designation. This means that parent is given the right to make decisions about one specific topic for the child, such as religion, even if sole legal custody is not awarded to that person. It’s wise that if you’re going to ask the court to make such an important decision, you have an experienced Long Island, NY child custody attorney ready to help you navigate this process.

How Does the Court Decide Who Should Make Religious Decisions?

Assigning legal custody or granting a sphere of influence to one parent is done based on all available facts. Some of the key areas the court will consider include:

• The religious history of the family. Has the family followed a religion for a long time? If the child is older and has spent 10 years focused on one religion, but a parent wishes to change that to a different religion, the court may be more likely to side with the long-term beliefs.
• The impact of a religion-based change on the child. What is in the best interests of the child from the perspective of the court? How will a change impact the child?
• Safety and health risks. If there are significant concerns about the safety or health of a child if they were to follow one religion or another, that could be considered an important factor.

Keep in mind that New York state courts cannot tell the other parent to hide their religion or lack of religion from the child, even if they do not have sole legal custody. That means the court cannot tell one parent not to talk about their religion with their child. If you feel your child is at risk in any way, contact our veteran child custody attorneys on Long Island, NY for immediate help.

What Decisions Can the Parent with Legal Custody Make?

When a parent has legal custody of a child, they can make decisions for all aspects of the upbringing of that child, including:

• If a religion is followed
• The child’s religious education
• Religious-based diets
• Religious ceremonies
• Practices in the home that are religion-based

Are You Struggling with Determining the Religious Beliefs of Your Child? Let Our Skilled Divorce Attorneys on Long Island, NY Help You

Whether you want to fight for sole legal custody or are facing risks to your child’s wellbeing and hope to have existing judgments changed, our highly compassionate and skilled child custody attorneys are ready to help you.

Contact our Long Island law firm now for a complimentary divorce and family law consultation at 631-923-1910.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

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.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

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Even in the best of situations, parents face many unexpected challenges on their journeys to raise their children. When family legal issues, such as a criminal conviction, enters the picture, things can become exponentially more complicated. Parents may be at risk of losing their rights to be involved in their children’s lives. Learn how you can navigate this emotionally charged territory and protect the best interests of your children, and yourself.

Understanding How Criminal Convictions Impact Parental Rights

The consequences of a criminal conviction are far-reaching, especially for parents who are involved in family legal issues like divorce and child custody. While parents who commit crimes are at risk of losing their rights, this doesn’t happen automatically after a conviction.

Courts must determine if the parent’s criminal behavior actually poses a safety risk to the child, since the law recognizes that children benefit greatly when they maintain a meaningful relationship with their caregivers.

The Legal Process for Deciding Parental Rights Post-Conviction

Determining whether a parent’s criminal history will affect their rights usually involves multiple assessments, hearings, and meetings with child advocacy professionals. A key consideration is the nature and severity of the parent’s criminal actions.

Crimes that are related to child abuse, endangerment, or other serious offenses typically raise immediate concerns with family courts or child protective services. Even so, parents are usually given a chance to show they’re committed to providing a safe and stable environment for their child.

Alternatives to the Termination of Parental Rights

If a child needs protection, but it’s not in their best interests to sever the parent-child relationship, a court may decide to explore alternatives like:

Supervised Visitation

Supervised visitation is a court-ordered arrangement where a trained professional oversees the interaction between a parent and their child for a specific period of time. The goal of supervised visitation is to create a safe and supportive environment for the child that allows them to cultivate a rewarding relationship with their caregiver without putting the child at risk.

During the visit, the supervisor will document the interaction for the court to review later. They will also intervene on the spot if the parent neglects to follow visitation guidelines or engages in any behavior that poses a risk to the child’s safety. This could include warning the parent, ending the session early, or removing the child from the situation entirely and filing a petition to formally terminate that parent’s rights.

Supervised visitation is often complemented by additional supportive services, like counseling or parenting classes. These resources help provide parents who have criminal convictions the framework they need to rebuild a healthy and safe relationship with their child.

Reunification Therapy

Reunification is a specific therapeutic approach designed to help mend fractured family relationships after divorce, separation, or a parent’s criminal conviction. Within this framework, parents and children can work together with a trained therapist to rebuild trust and improve communication.

Reunification therapy is most often used in cases where there has been a disruption to the parent-child relationship, but a court determines that the child’s best interests are served by reintegrating the parent into the child’s life.

Fighting to Keep Your Parental Rights

If you find yourself in a situation where you’ve been convicted of a crime and a court is considering limiting your parental rights, it’s important that you take action right away. Don’t wait for the court to decide whether you are a fit parent – instead, take the initiative to show the court that you’re serious about rehabilitation and becoming a safe and stable part of your child’s life.

How Hornberger Verbitsky, P.C. Can Help Protect Your Parental Rights

Working with a qualified Long Island, NY family lawyer is key to successfully keeping your parental rights after a criminal conviction. We can help you show the court that it’s in your child’s best interests for their relationship with you to remain intact and can fight for alternative options like supervised visitation or reunification therapy if you’re at risk of losing your rights.

Contact us today to learn more about how to protect your relationship with your child after a criminal conviction or to schedule your free initial consultation by calling 631-923-1910 or filling in the short form on this page.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

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.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

All Fields Are Required