Long Island Child Custody Lawyer
Simonetti & Associates has helped Long Island families in crises for over 35 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 a 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:
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- Residential custody is known as physical custody and constitutes all the duties related to providing shelter
- Legal custody is the authority to make significant decisions regarding the child’s health and welfare.
In the proposed theory, the law permits the Nassau County court to formally divide the impending facets between spouses, arranged in various custody arrangements:
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- Sole custody: This proposition awards the custodial parent exclusive physical and legal custody rights concerning the child. The noncustodial parent is usually entitled to visitation.
- Joint custody: Joint custody allows both spouses to share legal and custody responsibilities and physical care of their child. This agreement is harder to gain in legal proceedings in New York, as the state prefers something other than joint custody arrangements. Parents must show high cooperation, presenting the court with a signed divorce settlement agreement outlining a joint custody arrangement.
- Split custody: A split custody agreement divides custody of multiple children between spouses, although it is uncommon.
- Third-party custody: In extreme cases, a third-party agreement clause is reached when a judge awards custody to a non-parent. Such circumstances are allocated for deceased parents or extreme cases of a non-parental guardian 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
Areas Of Practice
- Adoption
- Alimony
- Child Custody
- Child Custody Modification
- Child Support
- Collaborative Law
- Complex Divorce
- Divorce
- Equitable Distribution of Assets
- Fathers’ Rights
- Martial Property
- Mediation
- Orders Of Protection
- Pre/Postnuptial Agreements
- Relocation
- Same-Sex Adoption
- Same-Sex Divorce
- Separation Agreements
- Uncontested Divorce
- Visitation
How can custody orders be changed?
After a divorce, substantial conditions that have changed a party’s health, family structure, or financial situation may warrant a custody modification. If such is justified, a parent must demonstrate that the changing circumstances of the original custody agreement benefit the child’s interests. 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 at reasonable prices, contact Simonetti & Associates. Since 1990, our attorneys have helped Long Island residents work through child custody disputes efficiently and without worry. Call 877-385-2560 or contact us online to arrange a free consultation. Our office in Woodbury offers flexible hours for your schedule, and returns call after business hours.
Our Recent Child Custody Blogs

Spring Break and Custody Agreements: What You Need to Know
Spring break is a highly anticipated time for children and parents alike, offering a chance to relax, travel, or spend quality time together. However, for divorced or separated parents, spring break can also bring challenges when it comes to custody arrangements. Ensuring a smooth and enjoyable break requires careful planning and a clear understanding of […]
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Custody Agreements During the Holidays
The holiday season is a time for family, joy, and togetherness. However, for divorced or separated parents, navigating custody agreements during this festive period can present unique challenges. At Simonetti & Associates, we understand the importance of creating a holiday custody plan that prioritizes the well-being of your children while reducing stress and conflict. In […]
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Understanding Father’s Rights in Child Custody Battles
What Are A Fathers Rights? Navigating the complexities of child custody battles can be emotionally and legally challenging, especially for fathers. In New York State, custody laws are designed to prioritize the best interests of the child, but fathers often face unique obstacles in securing their rights. At Simonetti & Associates, our Huntington, NY family […]
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Preparing for Holiday Season Divorce Challenges: Co-Parenting and Family Gatherings
The holiday season, traditionally a time of joy and togetherness, can pose unique challenges for those undergoing a divorce. At Simonetti & Associates, our Suffolk family lawyer understands the intricacies of co-parenting and managing family gatherings during this delicate period. In this comprehensive guide, we’ll provide valuable and practical tips to help you navigate the […]
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The Importance Of Establishing Clear Parenting Plans During Divorce
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How To Handle Divorce With Your Child For The Upcoming School Year
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How to Navigate High-Conflict Divorce and Custody Battles
Navigating a high-conflict divorce and custody battle can be one of the most emotionally challenging experiences a person can go through. The process is often stressful, time-consuming, and expensive, but with the right legal guidance and support from a Commack NY divorce lawyer, it is possible to come out on the other side with a […]
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Does How Much I Make Affect Child Support Payments?
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Does Child Support Get Affected If You Remarry?
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Divorced Parent Planning
There are an array of important decisions that need to be made during a divorce. No conversations are more emotional than when you and your spouse discuss how you will care for your children during and after divorce. At Simonetti & Associates, our Suffolk County family lawyer is here to help you and your former […]
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What Is a Child Custody Modification?
One of the most critical factors parents keep in mind when going through the process of divorce is protecting the children. A divorce or separation can have a profound impact on the rest of a child’s life, which is why the courts focus custody matters on the child’s best interests. However, life is prone to […]
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How is Custody Decided?
Custody is one of the most prominent and most contentious issues of divorce. Deciding custody can be an emotional and trying time for both parties. At Simonetti & Associates, our Suffolk family lawyer will fight for you and your family to ensure that your children’s best interests are at heart. If you are interested in […]
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How Can A Lawyer Help With Child Custody Disputes?
Child custody is notoriously one of the biggest issues of divorce, and disputes can put significant stress on both children and parents. In New York State, the court system is known for denying joint custody. This often leads to custody disputes and other complications. When these situations arise, a Nassau Family Esq can assist you […]
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Splitting Custody Without Affecting Your Child’s Schooling
When you have children, you are used to making decisions for them. When you separate or get a divorce from your child’s other parent, many things can change. Divorced parents often have questions about which school their children will attend and which parent gets to choose. If you have a joint custody arrangement, certain decisions […]
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Co-Parenting With Your Ex
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Fighting For The Custody Of Your Grandchild
How Can Our Smithtown Family Lawyer Help You? When children are involved in cases of divorce, judges always base their custody decisions on what would be in the best interest of the child. While sometimes this entails parents being awarded joint or sole custody, there are instances where neither parents are fit to care for […]
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Types Of Child Custody
How Can Our Divorce Lawyer On Long Island Help In Your Custody Battle? The decision to get a divorce is seldom an easy one to make. When children are involved, it can throw another difficult wrinkle into the process. As a parent, it’s hard to fathom losing custody of your children. However, this happens all […]
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How Do Vacations Work With Joint Custody?
Sometimes, trying to plan a family vacation can bring about copious amounts of stress. This situation can be amplified if you share custody with your ex-spouse. If you’re wondering what role this can take in your vacation planning, our team at Simonetti & Associates will be there to help. Our Nassau family Esq. will walk […]
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How is Child Custody Determined in NY?
The decision to file a divorce is often not taken lightly. When a marriage also includes children, the decision can become even more stressful. Fighting for custody can be emotionally draining, but we can help. At Simonetti & Associates, our Smithtown family lawyer would like to walk you through how child custody is determined in […]
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Legal Custody vs. Physical Custody
In the state of New York, the court can determine orders regarding a child’s custody up until they are eighteen years old. There are often several factors that come into play during a child custody battle that can influence the end result. Both legal custody and physical custody must be determined by the court during […]
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Common Mistakes Made In Child Custody Cases
Getting a divorce can be a taxing and tenuous task for all parties involved but can be even more so when your child is involved. When the couple split up in a divorce with a child, the issue of child custody comes up. Child custody cases resolve who will take care, custody, and control of […]
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I’m being alienated from my children – what can I do?
Parental Alienation Syndrome can be characterized as when one parent turns their child against their other parent. This essentially prevents that parent to spend time or have a relationship with their children. It can be done in a number of different ways, including painting a negative image of the other parent in their child’s mind. […]
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The Pros and Cons of Joint Custody
Child custody is often the most controversial part of a divorce. There are a number of arrangements that may be reached including sole custody, joint custody, and split custody. Joint custody grants both parents legal and physical responsibility of their child. This does not entitle parents to equal time with their child, but rather both […]
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Why is it Good to Have a Good Parenting Plan After a Divorce?
As a parent, there is nothing more important to you than your child. Divorce is never easy, and upon separation from your partner, it’s critical to ensure your child’s well-being is a top priority. After a divorce, a great first step is creating a stable, supportive parenting plan for you and your ex. This will […]
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What does Child Support Cover?
If you have recently gotten divorced and child support is now involved you might be wondering, what does child support cover? Child support is designed to help the main caregiving parent cover the costs of raising a child. This support can be used to pay for a wide variety of expenses that may become up. […]
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Will My Ex’s Unemployment Affect Our Divorce?
When one undergoes a divorce, it can certainly be a very trying period of time in his/her life. Sometimes, outside forces make divorce more difficult and stressful. Knowing the possibilities beforehand, however, can make the process a bit more comfortable and less stressful. Sometimes, in the midst of going through a divorce, a soon-to-be-ex-partner becomes […]
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Mental Illness and Child Custody
Mental illness is on the rise in the United States and it is beginning to pose as an issue when couples who have children together are filing for divorce. Child custody on its own is often difficult and stressful, and adding a mental illness into the mix can be even more confusing. It is important […]
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How Is Visitation Decided in New York?
Divorce is not something that is easy to go through, and when children are involved it can become even harder. Sometimes joint custody can be issued by the court, but when sole custody is given, visitation comes into play. But how does that work? As a Huntington Divorce Lawyer, we are here to help you […]
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Different types of child custody
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What happens when a child doesn’t want to have visitation?
It is common for divorced parents to experience situations in which their child does not want to have visitation with the other non-custodial parent. This creates difficulty when a parent is trying to manage their child’s emotional health as well as their legal obligations. Simonetti & Associates is a Huntington Divorce Lawyer that can help […]
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Who gets custody of our dog?
Resolving who gets custody of the beloved family pet is one of the many aspects that accompany divorce. Despite the emotional attachment, pets are actually considered personal property under the law. If you are involved in a custody dispute involving your pet, contact Simonetti & Associates Law Firm. Simonetti & Associates has represented Long Island residents […]
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Does Cheating Affect Child Custody Arrangements?
Divorce is a traumatic experience for all of those involved, even when the process is under the best circumstances possible. When a marriage ends due to one spouse’s infidelity, divorce becomes more difficult to navigate, especially when there are children in the picture. The best divorce lawyer on Long Island finds that deciding on who […]
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Can a Father Get Custody of the Children?
In any case, the custody rights of a child are always an issue. If you are looking to go through a divorce, you will want to know if your child will wind up living with you or not. If they don’t wind up living with you, you will want to be able to make the […]
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Child Custody Attorney in Nassau County
Spouses are faced with many issues when getting a divorce but child custody is one of the most stressful times in a person’s life. Simonetti & Associates Law Firm has been voted Best Divorce Lawyer on Long Island fours in a row. Consulting families all across Nassau and Suffolk County, our Child Custody Attorney is […]
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Child Custody Lawyer Long Island
Child Custody Lawyer Huntington, NY – Long Island When undergoing a divorce, matters of child custody are often both parent’s main concern. Sometimes, one parent wishes to relocate with the children without the other parent’s consent. Fortunately, New York State has strict rules and regulations when it comes to a divorced parent relocating with […]
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