Long Island Child Custody Lawyers Fight for Your Children’s Best Interests

Simonetti & Associates has helped Long Island families in crises for more than 29 years

Child custody in Nassau County is the biggest and most tenuous issue of divorce, often reflecting the emotional damage of both parties. Unlike other states, New York does not favorably award joint custody. Such a proceeding encourages prolonged battles between spouses causing bitter disappointment and financial struggles. Our family attorneys do more to avoid these outcomes, helping their clients to have broader perspectives for realistic expectations. With firm representation, we service your custody chances with straight talk outlining your future bill expectations. Our cost-effective solutions protect your parental rights and advance the best interests of your children. In both Nassau County and Suffolk County, Simonetti & Associates calms your stresses and worries about child custody with the perfect advice.

What types of child custody are available to divorcing parents in New York?

Child custody defines a caregiver’s allocation of rights and responsibilities toward a child. The primary facets are:

  • Residential custody:This is known as physical custody and constitutes all the duties related to providing shelter
  • Legal custody: This is the authority to make major decisions regarding the child’s health and welfare.

In proposed theory, the law permits the Nassau County court to formally divide the impending facets between spouses, arranged in various custody arrangements:

  • Sole custody: This proposition awards the custodial parent with exclusive physical and legal custody rights concerning the child. The noncustodial parent is usually entitled to visitation.
  • Joint custody: Joint custody arranges both spouses to have shared legal and custody responsibilities and physical care of their child. This agreement is harder to gain in legal proceedings for New York, as the state does not prefer joint custody arrangements. Parents must show a high level of cooperation, presenting the court with a signed divorce settlement agreement that outlines a joint custody arrangement.
  • Split custody: A split custody agreement divides custody of multiple children between spouses, although it is an uncommon arrangement.  
  • Third-party custody:  The third-party agreement clause is reached when a judge awards custody to a non-parent in extreme cases. Such circumstances allocate for deceased parents or extreme cases of a non-parental guardians such as a grandparent.

How does the court determine who gets custody?

In arranging permissible custodial circumstances, a judge reiterates pertinent factors for each parent, including:

  • Each parent’s history as a caregiver
  • Each parent’s finances
  • Each parent’s age, physical health and mental health
  • Each parent’s drug and alcohol usage
  • Any history of child abuse
  • The child’s preference

How can custody orders be changed?

After a divorce, substantial conditions that have changed a party’s health, family structure, or finance situation may warrant a custody modification. If such is warranted, a parent must demonstrate that the changing circumstances of the original custody agreement are beneficial to the interests of the child. At Simonetti & Associates, our experienced Long Island based family law attorney team will help you build your case..

Call a Long Island, NY child custody attorney for a free consultation

For quality legal representation in the Nassau County and Suffolk County area with reasonable prices, contact Simonetti & Associates. Since 1990, our attorneys have helped Long Island residents work through child custody disputes efficiently with no worry. Call 877-385-2560 or contact us online to arrange a free consultation. Our office in Woodbury offers flexible hours for your schedule as well as returns calls after business hours.