If you have children, it is important that you take action to ensure that their best interests are in kept in mind throughout the course of a divorce proceeding. At Blumberg, Cherkoss, Fitz Gibbons, Blumberg, we are proud to have assisted countless parents in a variety of complex divorce-related cases.
Our team of Long Island custody lawyers has been assisting our community since 1935 and have helped individuals and families obtain favorable results for their custody, visitation and parenting time agreements, contests and modifications. We're ready to assess your circumstances and pursue a swift, positive outcome on your behalf.
What Are My Options for Custody in New York?
There are numerous factors that need to be taken into consideration when determining custody and visitation for children and parents. The State of New York recognizes joint and sole custody, as well as custody based on grandparent’s rights and visitation for parental parties that may have been disjointed by divorce.
Just some of the factors considered in these cases include:
- Stability in the home of either parent
- Caretakers and childcare arrangements that may be needed during shared visitations
- Physical and mental health of the parents, including use of drugs or alcohol
- Education for the child, conditions of the home environment and finances of the parents
- The preference of the child, depending on their age
Of course, each divorce case will be unique and the specific needs of each family and child will vary, which is why it is important that you work with a Nassau & Suffolk County divorce attorney to seek specific goals and address your concerns.
Understanding Joint Custody vs. Sole Custody in NY
When it comes to child custody, it's important to understand the different types of custody arrangements available. In New York, parents can be granted joint custody, where both parents share the responsibility for making important decisions about their child's upbringing, or sole custody, where one parent has primary physical and legal custody.
It's crucial to consider the best interests of the child when determining the most suitable custody arrangement. Our experienced Long Island child custody attorneys can provide guidance and legal representation to help you navigate the complexities of joint custody and sole custody, ensuring that your child's well-being is prioritized throughout the process.
Key differences between joint custody and sole custody include:
- Decision-making authority
- Physical custody arrangements
- Child support obligations
- Parenting time schedules
By understanding the nuances of joint custody and sole custody, you can make informed decisions that will positively impact your child's future. Contact us today to learn more about your custody options in New York.
How Far Can a Parent Move With Joint Custody in New York?
There is no specific distance in New York that a parent with joint custody can move without the other parent's consent. The judge will consider various factors, including the child's age, the parent's ability to provide for their physical and emotional needs, the parent's willingness to cooperate, and the child's wishes if they are old enough to express them.
Generally, the court will prefer to award joint custody, which means that both parents share physical and legal custody of the child. However, if the court finds that joint custody is not in the child's best interests, it may award sole custody to one parent.
Here are some additional details about the factors that the court will consider when deciding child custody:
- Child's age and maturity level: The court will consider the child's age and maturity level when deciding how much weight to give to the child's wishes. Older children are generally more capable of making informed decisions about their custody.
- Parent's ability to provide for the child's physical and emotional needs: The court will consider the parent's ability to provide for the child's physical and emotional needs when deciding on child custody. This includes factors such as the parent's income, housing, and access to healthcare.
- Parent's willingness to cooperate: The court will consider the parent's desire to cooperate when deciding child custody. This includes factors such as the parent's ability to communicate and make decisions about the child's upbringing.
- Child's relationship with each parent: The court will consider the child's relationship with each parent when deciding child custody. This includes factors such as the child's love and affection for each parent, the child's comfort level with each parent, and the child's history of abuse or neglect by either parent.
- Child's stability and security: The court will consider the child's stability and security when deciding child custody. This includes the child's school, friends, and extracurricular activities.
- Child's educational needs: The court will consider the child's educational needs when deciding child custody. This includes factors such as the child's school district, the child's special needs, and the parent's ability to provide for the child's educational needs.
- Child's religious needs: The court will consider the child's religious needs when deciding child custody. This includes factors such as the child's religious beliefs, the parent's religious beliefs, and the parent's ability to provide for the child's religious needs.
- Child's extracurricular activities: The court will consider the child's extracurricular activities when deciding child custody. This includes factors such as the child's interests, the child's ability to participate in extracurricular activities, and the parent's ability to provide for the child's extracurricular activities.
- Child's health and safety: The court will consider the child's health and safety when deciding child custody. This includes factors such as the child's medical needs, history of abuse or neglect, and the parent's ability to provide for the child's health and safety.
It is important to note that the court will decide on child custody based on what it believes is in the child's best interests. Therefore, the judge will consider all the factors listed above and any other relevant factors when deciding.
Modification of Custody in New York
Any parent can file a petition for modification of child custody or visitation in New York. You must state why the modification will be in the child's best interests. You must also state that there was a "substantial change in circumstances" since the original custody order was put in place, thus requiring a need for modification.
Schedule a Consultation with Us
If you are filing for divorce, or if you have questions regarding the modifications of an existing divorce decree and visitation agreements, do not hesitate to contact an Amityville custody attorney. We offer free case evaluations to all potential clients.
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