Huntington Child Custody Lawyer
Experienced Child Custody Attorneys Serving Suffolk County, New York
When choosing a child custody attorney in Suffolk County, it's important
to consider what the goals of the case are and how your
divorce lawyer will be able to pursue your desired results. A talented Huntington
child custody attorney from The Meyers Law Group, P.C. may be able to
help you create a sound custody plan that is in the best interests of
your child and your family.
We are committed to providing compassionate, professional legal services and will work tirelessly to secure a positive outcome for you and your family.
Call for a free consultation from an experienced Huntington custody attorney at (631) 496-1484, or contact us online to learn more. We offer same-day appointments.
Types of Child Custody in New York
New York law recognizes two primary types of custody: physical custody and legal custody. Both types can be awarded to one parent or shared between both parents. However, the court will always prioritize the child’s well-being and stability when making custody determinations.
- Physical Custody: Refers to where the child will live on a day-to-day basis. The parent who has physical custody of the child is typically responsible for providing a home, meeting the child’s daily needs, and overseeing their care and supervision.
- Legal Custody: Legal custody involves the right to make important decisions about a child’s life, including decisions about their education, healthcare, religion, and general welfare. In many cases, parents share legal custody, which allows them both to have a say in these decisions. However, if parents cannot agree on major decisions, the court may grant sole legal custody to one parent.
A Huntington child custody lawyer can help you understand these categories and what they mean for your case.
How is Child Custody Determined in New York?
When determining custody of a child, the state of New York does not award custody to a preferred parent (i.e. mothers are not automatically granted sole custody). Child custody, whether sole or joint custody, is awarded solely based on the best interests of the child. This means that the court professes a "gender-blind" attitude and uses criteria to make a custody determination that will most benefit the child or children. It is also important to understand the court's decision-making processes so you know your rights and responsibilities in such a case.
When determining custody arrangements, the court will consider such factors as:
- The child’s physical/mental health
- Parent's lifestyle/daily schedule
- Child’s normal routine
- Child’s education
- Any history of abuse
- Parent’s ability to provide for the child’s physical, mental, and emotional needs
- Potential impact upon the child’s relationship with the non-custodial parent
- Preference of the child, if they are above a certain age
How to Modify a Child Custody Agreement?
Life circumstances change, and sometimes a child custody arrangement that was once appropriate no longer serves the best interests of the child. In such cases, it may be necessary to seek a modification of the existing custody agreement.
Some common reasons for modifying a custody arrangement include:
- A significant change in the child’s needs or health
- A change in a parent’s work schedule or living situation
- A parent’s inability to meet the child’s needs
- A parent’s relocation to a different state or country
- Evidence of parental misconduct or substance abuse
To modify a custody order, the requesting parent must demonstrate that there has been a significant change in circumstances that justifies the change. A Huntington child custody attorney can help you navigate the modification process and present compelling evidence to support your request for a modification.
How Visitation and Parenting Time is Determined?
In situations where one parent has primary physical custody, the non-custodial parent may be awarded visitation rights. The court will create a visitation schedule that ensures both parents maintain a meaningful relationship with the child. If both parents have joint physical custody, they will work together to create a schedule that allows the child to spend time with both parents in a way that minimizes disruption to the child’s life.
If parents cannot agree on a visitation schedule, the court may intervene and create a formal visitation arrangement. The court will consider factors such as the child’s age, needs, and routine, as well as the parents’ schedules and proximity to one another. A Huntington child custody lawyer can help you advocate for a visitation schedule that promotes the child’s best interests.
At What Age Can a Child Refuse Visitation in NY?
Even though parents are bound to follow a child custody order's terms until a child reaches 18 or is liberated, there is no specific age at which a child can refuse visitation in New York. The court will consider the child's wishes, but the child's preference is not the only factor that the court will consider. The court will also consider the child's best interests, including maintaining a relationship with both parents.
If a child refuses visitation, the court may order the child to attend the visitation. The court may also require the parents to participate in counseling or mediation. If the child refuses visitation, the court may modify the custody order.
In some cases, a child may be able to refuse visitation if the child has a good reason. For example, if the non-custodial parent has abused the child, the child may be able to deny visitation. The child may also be able to refuse visitation if the non-custodial parent has a history of substance abuse or criminal activity.
If you are concerned about your child's refusal to visit with the non-custodial parent, you should speak with an attorney. An attorney can help you understand your rights and represent you in court if necessary.
How Do I Choose a Huntington Custody Attorney?
We will work with you to create a strong child custody case plan, a key part of pursuing the best outcome possible. Our team understands how child custody matters can potentially change the dynamic of your family for years to come, and we treat every case with the utmost degree of professionalism, compassion, and sensitivity. Whether you are facing a custody matter due to divorce or have a child in common and never married, our experienced Huntington custody attorneys can advocate for your rights.
When you work with us, you can trust our firm to offer:
- Aggressive yet compassionate representation during any Nassau County and Suffolk County child custody matter
- Step-by-step guidance throughout every stage of development
- Tailored legal solutions that are unique to your family’s dynamics, needs, and strengths
- NYS Certified Parenting Plan Mediator, if you prefer to keep your custody matter completely confidential and out of the courts
How Our Experienced Suffolk County Child Custody Attorneys Can Help?
A dedicated Suffolk County child custody lawyer from our team can help you better understand New York's child custody laws, process, and steps you can take to help obtain a desirable result in your case. A possible option is taking advantage of our ability to provide NYS Certified Parenting Plan Mediation. This can be very useful for creating a more amicable child custody and/or visitation agreement.
If you are going through divorce litigation and need to arrange a child custody agreement or if you need help with a modification proceeding for a pre-existing agreement, The Meyers Law Group, P.C. is prepared to serve you with exceptional representation. We have helped clients in a variety of custody cases, modifications, proceedings, and child custody enforcement proceedings.
Call us now at (631) 496-1484 or contact us online today to schedule a consultation with an experienced Huntington custody attorney!
