by Robert E. Hornberger, Esq | Jun 20, 2013
Actions Now Can Affect Your Child Custody in Nassau County & Suffolk County Courts
As Divorce Attorneys practicing on Long Island, we see many critical mistakes that occur at the beginning or before a divorce case is even filed that put many parents at a disadvantage when it comes to their ability to have Child Custody with their children when the divorce is finalized.
Long Island Child Custody Mistake #1
One of the biggest and most common mistakes a parent living in Nassau County or Suffolk County can make is to move out of the marital/joint residence and leave your child with the other spouse. This essentially gives away custody to the residential parent. If want to retain custody of your child or children, you cannot move out of the home without your child, period. No matter how bad the situation is with your partner, in the Nassau County or Suffolk County court system, if you leave without the child, you essentially give up Child Custody.
Long Island Child Custody Mistake #2
If you do decide that you must move out of the joint residence with the children, make sure you get your spouse’s consent to do so. This does not necessarily have to be a formal written agreement; you can simply ask your spouse in an email to respond to your request to move out with the children. If your spouse consents via a reply email, it amounts to a virtual statement by your spouse that you are the child’s or children’s primary caregiver.
Long Island Child Custody Mistake #3
Conversely, if you are the parent remaining in the marital home and you give permission to your spouse to leave with the children, you are telling the Nassau County and Suffolk County courts that your spouse is the child or children’s primary caregiver.
Protect Your Child Custody Rights Now
As experienced divorce attorneys practicing on Long Island, we recognize that preventing your spouse from moving out of the marital home with the children is more difficult to control than staying in your residence, however, there are steps you can take to protect your Child Custody rights. First, as soon as it is clear that you and your spouse are getting divorced, make it absolutely clear to your spouse that it’s not okay with you for them to take the children. This too can be done through texts and emails. Make it clear that your spouse is free to leave the marital home, but your children must remain until your divorce and child custody case is fully resolved.
File for Divorce Early in Nassau or Suffolk County Court to Protect Yourself
As soon as you realize that your marriage is ending, it is a good idea to file for a divorce. The filing of a divorce petition, protects your Child Custody rights, should your spouse attempt to move out of the joint residence and take the children without your consent. With a pending divorce case, you will have the right to seek emergency relief requesting that the children be returned to their home. Of course, in such a case, it is important to have a record that you do not consent to the other spouse removing the children from their home.
Questions About Child Custody and Visitation on Long Island?
See this page to learn everything you need to know about Child Custody and Visitation on Long Island.
To learn more about what you need to know about Child Custody on Long Island, visit this page on Child Custody or contact us at 631-923-1910 for a complimentary consultation.
We’re Here to Help with a Free Consultation
The Long Island Child Support Attorneys and Child Custody Lawyers at Robert E. Hornberger, P.C. have successfully assisted many families in Nassau County and Suffolk County with their Child Support or Child Custody cases. Contact us at 631-923-1910 or fill out the short form on this page and we will be happy to demonstrate how we can help during a free consultation.
by Robert E. Hornberger, Esq | Jun 6, 2013
Long Island NY Courts Can Give Grandparents Visitation Rights
The United States Supreme Court has declared that grandparents do not have an automatic right to visit their grandchildren. However, it does leave room for states to consider the impact of the decision by the parents to remove the grandparents from the life of the child and whether or not it’s in the child’s best interest. This type of situation is very emotional to both the child and the grandparents. There are many situations where the grandparents could have been, at some point, the caretakers of the child. In that situation, the Grandparents could potentially make a case to see the children on a more regular basis through Child Visitation rights, or something to that effect.
Courts Reluctant to Intrude in Parents’ Rights
In general, the courts are reluctant to intrude on a parent’s right to raise their children without state interference. However, in New York State, Grandparents can attempt to obtain visitation rights or custody under NY DRL § 72. Under this statute, if the Grandparents can show the existence of extraordinary circumstances, they can commence a special proceeding for a Writ of Habeas Corpus to have the child brought before the court. In this situation, grandparents can try to show the courts that if extenuating circumstances occur, it would be in the best interests of the child for the grandparents to have Visitation rights, and in extreme circumstances, Child Custody. The statute also allows for the parties to enter into a consensual Child Custody agreement if the existence of extraordinary circumstances does not exist.
Questions About Child Custody and Visitation on Long Island?
To learn more about what you need to know about Child Custody on Long Island, visit this page on Child Custody or contact us at 631-923-1910 for a complimentary consultation.
Questions About Grandparent’s Rights? Contact Us
If you have any questions regarding Grandparent’s Rights in Child Custody or Visitation cases, give us a call at 631-923-1910. The divorce and family law office of Robert E. Hornberger, P.C. will be pleased to offer you a free complimentary consultation to discuss your options. We’re here to help you.
by Robert E. Hornberger, Esq | May 30, 2013
Mother’s Don’t Always Get Custody in Nassau County & Suffolk County Court
As Divorce and Family Law Attorney practicing primarily in Nassau and Suffolk Counties on Long Island, New York, I meet many fathers who suffer from the common misapprehension that the mother always gets custody. This is simply not the case. The court takes the following into consideration when deciding custody of the child:
- The best interest of the child or children;
- Who was the nurturing parent;
- Who has been the primary caretaker of the child;
- Does the child have a preference between the parents as to who he or she wishes to live with;
- Each of the parents’ ability to provide for the child’s needs;
- The child’s age and current lifestyle;
- Whether there is an emotional bond between the child or children and the parent;
- The stability of each of the parents of the child;
- The father’s and the mother’s ability to spend time with the children (this takes into consideration employment and other issues that would keep each of the parents away from the child);
- Both the child and the parent’s physical capabilities and mental health (this deals with issues involving either the child or parent having a disability);
- Is there any history of child abuse or domestic violence between the parents?
What’s in the Best Interest of the Child
The court ultimately will decide what is best for the child. A father is just as capable of obtaining custody of a child as a mother is, however, regardless of who is awarded custody, courts usually prefer for parents to have liberal access to their children.
Not only should the father have access to his children, but also he should have access to the child’s teachers, doctors and other medical providers. In addition, the father has the right to attend school functions, have access to his child’s grades, and should be allowed to attend sporting events their child is playing in. He may also have input in the religious and social upbringing of the children.
See this page to learn everything you need to know about Child Custody and Visitation on Long Island.
Check out our Divorce Guide for Dads for more information about divorce issues specifically related to fathers.
If you have any questions regarding a Father’s Rights in Child Custody or Support cases, give us a call at 631-923-1910. The divorce law office of Robert E. Hornberger, P.C. will be pleased to offer you a free complimentary consultation to discuss your options. We are here to help you.
by Robert E. Hornberger, Esq | May 8, 2013
HOME ABOUT US OUR FIRM FIRM YOUR LEGAL TEAM ATTORNEYS YOUR ATTORNEYS ROBERT E HORNBERGER CHRISTINE M VERBITSKY ANNEMARIE LANNI LAWRENCE M. MARINO BRENDA LYNCH (Of Counsel) PRACTICE AREAS AREAS OF EXPERTISE What’s Involved In Divorce DIVORCE DIVORCE COLLABORATIVE...
by Robert E. Hornberger, Esq | Jan 23, 2013
Know Your Rights & Responsibilities as an Unmarried Father
It is a fact of life and a sign of the times that many Long Island couples live together before they enter into a marriage contract. In these cases, and others, it is not uncommon for a couple to have a child together out of wedlock. While this does not carry the same stigma today as it did in years past, as a Long Island Family Law Lawyer I can tell you that it does raise some interesting legal issues for the fathers of these children that the courts in New York have addressed.
Biological Fathers Have Rights
It has been established by the New York State Court System that the legal or biological father can petition the courts for legal custody/visitation of their child whether or not the couple is married. The support rights will be awarded to the father upon proof of paternity. If paternity is established, the father is then legally obligated to financially support the child until the age of 21.
The Father Must Be Involved
Unmarried fathers are entitled to a hearing before the child is removed/adopted but they must be actively involved in that child’s care and upbringing. This means that the father must act like a real father and must do so timely.
Married Fathers Legal Status Can Be Challenged
In the case of a married couple, the husband enjoys the presumption of legitimacy. When a child is born into the marriage, the husband is presumed to be the child’s legal father. However, this can be rebutted by a paternity test, evidence of physical impossibility, or non-access to the mother. Husbands can be stopped from denying that they are the father or stopped from challenging that they are the father.
Establishing Paternity
Paternity can be established in many different ways. In the simplest case, a father can voluntarily acknowledge the child. This establishes paternity and liability for child support and no further judicial proceedings are required.
A Motion to Vacate is a request to the court to withdraw a previous order or judgment it entered. A petition to vacate may be filed within 60 days of the signing. However, after 60 days, the burden to move for vacating the voluntary acknowledgment becomes higher and must be proven by fraud, duress, or material mistake of fact.
Who Can Seek Paternity?
In New York, paternity may be sought by many different parties:
- the mother
- the child
- the child’s guardian
- the putative father
- (you cannot bring the suit if you want to prove that you are not the father)
- public welfare official
- (if the mother is likely to become a public charge).
The Child’s Best Interest Rules
The courts in New York have said that standing is discretionary, determined by the best interest of the child. The courts have further said that an underage child has standing. The statute of limitations is 21 years from birth, unless paternity is acknowledged by the father in writing or by providing support. Upon motion, the court can order the mother, her child, and the alleged father to submit to blood or DNA tests. A 95 percent probability of paternity creates a rebuttable presumption of paternity.
Seek Experienced Legal Counsel
If you have questions regarding your rights as a non-marital father of a child, you should seek experienced legal counsel immediately. The Family Law Firm of Robert E. Hornberger will be happy to schedule a free, no-obligation consultation with you to discuss your case. You can contact us at 631-923-1910 or fill out the form on this page.
by Robert E. Hornberger, Esq | Dec 4, 2012
Child Custody: Sole, Joint, Legal, Residential, Shared, Split…. What does it all mean?
As a child custody lawyer on Long Island, NY, I am often asked the difference between the different types of child custody in Nassau County and Suffolk County, where most of my clients reside. Child custody laws are universal throughout New York State so the discussion below applies throughout the state.
First of all, there are two main aspects to child custody: Residential Custody and Legal Custody.
Residential Custody
Residential Custody refers to which parent the child lives with more of the time. This parent is often referred to as the “residential” or “custodial” parent. This is an important distinction for a couple of reasons:
- The residential parent usually (but not always) receives child support from the noncustodial parent.
- If the parents reside in different school districts, the child(ren) will attend school (referring to public school) in the school district in which the residential parent resides.
Legal Custody
Legal Custody refers to the right to make decisions on behalf of the child(ren). This generally refers to the right make major decision pertaining to the child(ren)’s health, education or general welfare. When you hear that a parent has “sole” custody, this means that the parent is the residential parent, and, has the singular right to make major decisions for the child(ren) despite protest from the noncustodial parent. Joint custody means that both parents have to be involved in and agree upon all major decisions for the children.
Shared Custody
Shared Custody is similar to joint custody in the decision making aspect, however, parents who agree to “share” custody do not designate a custodial parent. Instead, the parents agree to share the child(ren) as equally as possible. Under “shared” custody, there is still a child support obligation, however, it is paid from the parent who earns more money to the parent who earns less money.
Split Custody
Split Custody refers to families with more than one child where at least one or more of the children reside with each parent.
Child Custody and Child Support
Child custody and child support arrangements for every divorcing couple is unique and needs to account for your individual family’s needs. For a free private consultation about your family’s needs, contact the experienced attorneys at Robert E. Hornberger, PC at 631-923-1910 or fill out the form on this page and we’ll get right back to you.
by Robert E. Hornberger, Esq | Dec 30, 2025
HOME ABOUT US OUR FIRM FIRM YOUR LEGAL TEAM ATTORNEYS YOUR ATTORNEYS ROBERT E HORNBERGER CHRISTINE M VERBITSKY ANNEMARIE LANNI LAWRENCE M. MARINO BRENDA LYNCH (Of Counsel) PRACTICE AREAS AREAS OF EXPERTISE What’s Involved In Divorce DIVORCE DIVORCE COLLABORATIVE...
by Robert E. Hornberger, Esq | Dec 8, 2025
HOME ABOUT US OUR FIRM FIRM YOUR LEGAL TEAM ATTORNEYS YOUR ATTORNEYS ROBERT E HORNBERGER CHRISTINE M VERBITSKY ANNEMARIE LANNI LAWRENCE M. MARINO BRENDA LYNCH (Of Counsel) PRACTICE AREAS AREAS OF EXPERTISE What’s Involved In Divorce DIVORCE DIVORCE COLLABORATIVE...
by Robert E. Hornberger, Esq | Dec 4, 2025
HOME ABOUT US OUR FIRM FIRM YOUR LEGAL TEAM ATTORNEYS YOUR ATTORNEYS ROBERT E HORNBERGER CHRISTINE M VERBITSKY ANNEMARIE LANNI LAWRENCE M. MARINO BRENDA LYNCH (Of Counsel) PRACTICE AREAS AREAS OF EXPERTISE What’s Involved In Divorce DIVORCE DIVORCE COLLABORATIVE...
by Robert E. Hornberger, Esq | Dec 2, 2025
HOME ABOUT US OUR FIRM FIRM YOUR LEGAL TEAM ATTORNEYS YOUR ATTORNEYS ROBERT E HORNBERGER CHRISTINE M VERBITSKY ANNEMARIE LANNI LAWRENCE M. MARINO BRENDA LYNCH (Of Counsel) PRACTICE AREAS AREAS OF EXPERTISE What’s Involved In Divorce DIVORCE DIVORCE COLLABORATIVE...
