Long Island Child Custody Lawyer

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Child Custody Attorney in Long Island, NY

Child custody cases are often the most emotionally challenging aspect of divorce or separation. At Levoritz Law Firm, we understand the deep anxieties and high stakes involved.

Our experienced Long Island child custody lawyer provide compassionate legal guidance and unwavering advocacy, working tirelessly to protect your parental rights and making sure that your children’s best interests are at the forefront of every decision.

Our Long Island Child Custody Legal Services

We handle a full range of child custody matters and provide comprehensive legal support, including:

Developing Parenting Plans

We help parents craft detailed and comprehensive parenting plans that address a wide range of issues, including:

  • Physical custody: Determining where the child will live and on what schedule.
  • Legal custody: Outlining how parents will make major decisions regarding the child’s upbringing, including education, healthcare, and religious practices.
  • Visitation schedules: Establishing regular visitation schedules for the non-custodial parent, allowing for meaningful and consistent contact with the child.
  • Holiday schedules: Creating a clear plan for sharing holidays and school breaks to minimize conflict and provide stability.
  • Decision-making: Determining how parents will communicate and make decisions regarding the child’s well-being.

The parenting plans we can help you develop can also address issues like extracurricular activities, medical care, and disciplinary matters.

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Custody Modifications

Life is full of changes, and those changes can impact existing custody arrangements. We assist with modifications to custody orders based on:

  • Relocation: If one parent plans to move a significant distance away, the court will need to approve the relocation and may adjust the custody arrangement.
  • Changes in a parent’s circumstances: Significant changes in a parent’s life, such as a new job, a change in living situation, or health issues, can necessitate a modification.
  • The child’s best interests: If the current custody arrangement is no longer serving the child’s well-being, a modification may be necessary.

Whether you require a modification due to changes in the child’s needs, parental alienation, or other factors, we’re here to assist you.

Relocation Cases

Relocation cases are particularly complex. If you’re considering moving with your child, we’ll provide guidance on:

  • Legal requirements: You’ll need to obtain either the consent of the other parent or court approval to relocate.
  • Presenting a strong case: We’ll help you gather evidence and build a compelling case demonstrating that the move is in your child’s best interests.
  • Addressing visitation concerns: We’ll address concerns about how the relocation will impact visitation rights and work to create a visitation schedule that works for everyone.

We’ll make sure you meet all legal requirements and file the necessary paperwork for a successful relocation in Long Island, NYC.

Enforcement of Custody Orders

When one parent fails to comply with a court-ordered custody arrangement, we take action to protect your rights and enforce the order. We can:

  • File motions with the court: We’ll file legal motions seeking to compel the other parent to comply with the custody order.
  • Seek contempt of court orders: If necessary, we can pursue contempt of court charges against a parent who willfully disregards court orders.
  • Modify custody orders: In some cases, a custody order may need to be modified to reflect the reality of the situation and promote the child’s well-being.

Custody orders are legal requirements. When one parent fails to comply, steps can be taken to remedy the situation and restore court-ordered balance.

Parental Alienation

Parental alienation occurs when one parent tries to manipulate a child into rejecting or fearing the other parent. We have experience addressing parental alienation by:

  • Educating the court: We’ll work to educate the court about the harmful effects of parental alienation and how it can impact a child.
  • Seeking custody evaluations: We may recommend a custody evaluation by a neutral mental health professional to assess the family dynamics and make recommendations.
  • Advocating for reunification therapy: In some cases, reunification therapy may be necessary to help repair the damaged relationship between the child and the parent.

Unfortunately, parental alienation can have severe consequences for the child’s emotional well-being. We will use our experience and resources to help you repair the bond between you and your child.

Understanding Legal vs. Physical Custody in Long Island

New York’s courts distinguish between legal custody and physical custody. Although parents often focus on where a child will live, both forms of custody play an important role in shaping a child’s life and parenting time. 

When both parents can agree on the terms of legal and physical custody, a judge may approve those decisions if they support the child’s best interests. Understanding the difference between these two types of custody is crucial for anyone in Garden City, Huntington, Smithtown, and other neighborhoods in Long Island. 

Legal Custody

This form of custody refers to a parent’s authority to make major decisions affecting a child’s upbringing. These decisions include education, non-emergency medical care, religious upbringing, and other significant matters. Under joint legal custody, both parents share decision-making responsibilities and are expected to communicate about important issues.

Sole legal custody, on the other hand, awards one parent with the authority to make decisions without obtaining the other parent’s prior consent, although the other parent may still have parenting time and visitation rights.  

Physical Custody

This type of custody is sometimes called residential custody. It determines where the child primarily lives. Under sole physical custody, the child resides primarily with one parent, while the other parent usually receives scheduled parenting time. Joint physical custody involves the child spending substantial time with both parents, although parenting time does not have to be divided perfectly evenly.

Joint physical custody can work well when parents communicate effectively, maintain cooperative relationships, and live close enough to minimize disruptions to the child’s school schedule, extracurricular activities, and daily routine. 

In Long Island communities, arrangements may be easier when parents continue living near one another in Nassau or Suffolk County. Longer distances and high-conflict situations can lead to situations where the courts are asked to determine which parent would be better suited to maintain primary physical custody. 

Hire a Child Custody Lawyer

In a state with an annual divorce rate of 2.4 per 1,000 residents, many Long Islanders and other state residents make the difficult decision to divorce every year. For anyone going through a divorce in Long Island, the decision to hire a child custody lawyer should be a top priority. An experienced family law attorney brings years or decades of experience and can draw on their knowledge of child custody laws to protect their clients’ rights. 

A Long Island child custody attorney can:

  • Explain the child custody case in detail
  • Gather documentation and evidence to support your goals
  • Learn about your top priorities before developing the right strategy
  • Advocate for your interests throughout the custody case
  • Protect you from accusations
  • Address the court on your behalf
  • Manage hearings and other forms of litigation as needed
  • Review the final child custody arrangement before you sign

There may be situations where there are legitimate concerns about a parent’s ability to provide a safe home environment. The violent crime rate in Long Island is 4.013 per 1,000 residents in a typical year, and domestic violence and past criminal records can demonstrate that one parent may not be fit to have shared custody. When there are concerns about a child’s safety, supervised visitation and other restrictions may be warranted. 

Legal support can play a crucial role in protecting your rights and interests, so the final court order protects your time with your child and reflects your many years of devoted child-rearing and support.

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New York Child Custody & Visitation Filing Statistics

Year Total Statewide Custody & Visitation Filings
2023 152,545
2022 139,363
2021 123,800
2020 103,406
2019 186,500

*Data sourced from the official New York State Unified Court System Annual Reports (Table 8).

Why Choose Levoritz Law Firm for Child Custody Proceedings in Long Island?

  • Experienced Child Custody Advocates on Your Side: We have a proven track record of successfully representing parents in all types of child custody matters on Long Island. Whether you’re facing initial custody determinations, complex modifications, relocation disputes, or allegations of parental alienation, our attorneys have the knowledge, skill, and determination to advocate effectively for you.
  • Compassionate Counsel and Clear Communication: We recognize that child custody disputes are emotionally taxing. Our team provides empathetic guidance and clear, straightforward communication throughout the process. We’ll be there to answer your questions, address your concerns, and ensure you feel supported and empowered every step of the way.
  • Personalized Legal Strategies Designed for Your Unique Family: Every family is different, and we believe in a personalized approach to legal representation. We’ll take the time to listen carefully to your story, understand your unique circumstances, and develop a comprehensive legal strategy tailored to your specific goals.
  • Focused on Your Child’s Best Interests: We’re committed to fostering positive parent-child relationships and creating custody arrangements that prioritize your children’s well-being. We work to promote stability, healthy development, and consistent contact with both parents whenever possible.

FAQs About Long Island, NYC Child Custody Laws

How Much Does a Child Custody Lawyer Cost in New York?

The cost of a child custody lawyer in New York depends on their years of experience, hourly rate, and the time and resources they put into a case. More experienced attorneys with strong reputations tend to charge accordingly for their services, while newer attorneys often charge lower rates. Family law attorneys generally bill by the hour and require upfront retainers. The fee should be disclosed in the attorney-client agreement. 

How Do New York Courts Determine Child Custody?

New York courts determine custody by reviewing the evidence and making rulings based on the best interests of the child. When both parents can come to an agreement on custody matters, the courts generally honor those decisions and include them in the final court order. Contested divorces can lead to greater involvement by the courts and a ruling based on the interests of the child. Once a final court order is signed, it can be challenging to later modify. 

What Is the Biggest Mistake to Avoid in a Child Custody Case?

The biggest mistake someone makes in a child custody case is failing to hire experienced legal counsel. Even when a custody case starts out uncontested, disagreements can lead to unexpected litigation. Avoid discussing the case on social media or violating temporary court orders while proceedings remain pending. Things can escalate quickly, leaving one party potentially blindsided. Although attorneys’ fees are far from insignificant, they can be a worthwhile investment for someone seeking to protect their property and custody rights. 

At What Age Can a Child Express a Custody Preference in New York?

Approximately 14% of Long Island residents are under 18, and the courts consider many factors when determining custody. New York judges may consider a child’s preferences based on the child’s age and maturity, but children do not have the capacity to make those decisions. Depending on the case, older teenagers’ preferences may carry more weight. Once someone turns 18, they are legal adults and can choose where they live and who they talk with. 

Can a Child Custody Order Be Modified in Long Island?

After a custody order is signed, it can be modified, although modifications are not simple. The party requesting the modification must show there is a significant change in circumstances that warrants the request. One example could be a situation where a parent moves considerably further away. That could make the current visitation schedule untenable. Although modifications are challenging, they can be granted when they serve the interests of the child. 

Contact A Long Island Child Custody Lawyer Today

Nothing can be more difficult than a divorce. When entering a marriage, it is very rare to expect that it will end. For couples with children, the challenges are compounded, and the process can quickly become embittered. With the help of The Levoritz Law Firm, however, you can trust our knowledge and experience to counsel you throughout the process and help you take the next step in a new direction for you and your children.

Our reputation is built on integrity, responsive client service, and a steadfast commitment to protecting our clients’ interests at every stage of their case. Our empathetic team understands the difficulties ahead and can help. Contact our office today to schedule your consultation and gain the exceptional legal representation that your case deserves.

Long Island, NYC Child Custody Law Resources

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Fact Checked

This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Yonatan Levoritz who has more than 20 years of legal experience as a divorce & family attorney.

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