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Going through a custody dispute can feel like everything is on the line. When you work with a Suffolk County child custody lawyer, you can remove much of the uncertainty and stress that accompanies complex custody cases. Legal representation can protect against false accusations that could potentially jeopardize your parental rights. Your attorney can present evidence to the court that reflects your dedication and devotion to your child.
The strength and experience of your attorney can greatly influence the outcome of a custody case in Suffolk County. For over two decades, The Levoritz Law Firm has taken on complex family court cases and delivered favorable outcomes to our clients. Our years of representing spouses from high-value estates inform the decisions we make and the strategies we pursue.
What sets our law firm apart is our focus on delivering client-focused services to high earners and owners of large estates. You’ll never have to worry about being left in the dark about important developments tied to your case. Throughout your custody dispute, we can explain your options and the potential outcomes so you can make well-informed decisions on crucial matters.
With 319,324 children living in the county, there are many custody cases heard at Suffolk County Family Court, located at 400 Carleton Avenue in Central Islip, or Suffolk County Family Court’s Riverhead location at 210 Center Drive. Custody cases are commonly held as part of an ongoing divorce or following the establishment of paternity.
New York recognizes legal custody, which determines which parent or parents have the right to make important decisions on behalf of the child, and physical custody, which determines where the child primarily lives. Parents can decide the terms of custody. If the case becomes contested, a judge may ultimately make those determinations based on the best interests of the child.
Parents often face serious challenges during custody cases in Suffolk County, which are often highly emotional. Even when both parents are willing to work toward an agreement, finding a parenting schedule that works for both parents can be challenging. The courts may order a custody evaluation that can require both parents to spend considerable time complying with that process.
Accusations of abuse or neglect, even when unfounded, are taken seriously by the courts. Sorting out claims in court can delay the timeline of a custody case. Custody cases are highly emotional and draining. Prolonged litigation can leave clients seeking novel solutions to complex problems. Strong legal representation can address these and other problems, but only if your attorney is familiar with the Suffolk County courts and state custody laws.
When parents cannot agree on custody, the Suffolk County Supreme Court at 400 Carleton Avenue in Central Islip takes a more active role in making those determinations based on the best interests of the child. Rather than favoring either parent, the court evaluates the unique facts of each case to determine which arrangement is most suited for promoting the child’s safety, stability, and overall well-being.
Children who have established routines in neighborhoods like Stony Brook, Sayville, or Commack, for example, may benefit from maintaining continuity in their schools, extracurricular activities, and community relationships whenever appropriate. When determining custody, the courts may consider the following factors:
While no single factor automatically determines the outcome of a custody case, judges weigh these and other forms of evidence when reaching a decision that serves the interests of the child, given the unique circumstances and facts of the case. Suffolk County Family law attorneys play an integral role in influencing the outcome of your case by analyzing evidence and advocating for their clients’ rights and interests at every step.
Parents who are not married have the same rights and responsibilities as married parents. An unmarried father must establish legal paternity before he can seek visitation and custody rights. Until paternity, also known as parentage, is established, the child’s mother generally has sole legal custody by law, even if both parents are actively involved in the child’s life.
There are two primary ways to establish paternity in New York. One is by signing an Acknowledgment of Paternity, which is a legal document that can be completed at the hospital following the child’s birth. Once properly executed and filed, the acknowledgment carries the same legal effect as a court order. In cases where this form was never signed and either parent disputes paternity, the matter can be resolved through the family court system.
A court could sign an Order of Filiation after reviewing DNA testing and other evidence. Once paternity is formally established, either parent may petition the court for custody, parenting time, or child support. Establishing paternity can also provide important legal benefits for the child, including inheritance rights, access to a parent’s medical history, health insurance benefits, and eligibility for certain government or employment-related benefits.
There may be times when the child’s safety becomes a concern. The violent crime rate in Suffolk County is 3.010 per 1,000 residents in a normal year, and domestic violence, drug use, and other serious criminal offenses could be used as grounds for seeking a modification to a standing court order.
Under New York law, custody and parenting orders may be modified when there has been a substantial change in circumstances since the original order was entered and the requested modification serves the child’s best interests.
Circumstances that can warrant a court order modification may include parent relocation, significant changes in work schedules, a substantial increase in the need to support a child’s educational or medical needs, repeated violations of the custody order, or evidence that a parent’s home environment has become unsafe.
A judge may approve a request for modification when that request is backed by evidence that could include medical records, school records, and other documentation. Emergency relief may even be granted when the child’s safety is in jeopardy.
Certain contested cases may require one or both parents to undergo a custody evaluation to obtain an independent assessment of what parenting arrangement serves the child’s interests. The evaluator’s assessment does not automatically determine the outcome of cases because judges make their own rulings after reviewing a wide range of documentation and the evidence. Still, the evaluation is an important step that any parent should take seriously.
New York’s guidelines for custody evaluators emphasize impartiality and objectivity. Their primary responsibility is to evaluate the child’s psychological well-being and best interests. The evaluator is not there to advocate for either parent.
To develop a full understanding of each parent’s ability to provide a safe home environment, the evaluator may review the child’s home, school, healthcare providers, and other significant individuals involved in the child’s life.
The evaluation is intended to consider all meaningful aspects of the child’s environment rather than relying on one single source of information. Parents should approach these evaluations openly and honestly.
Attempting to coach the child or influence what the child says can undermine the process and the parent’s credibility. If the evaluator suspects abuse or neglect, they are required by law to report those concerns to the appropriate authorities.
Mandated reporters must act when they have reasonable cause to suspect abuse or maltreatment in their professional capacity, and they are not required to prove that abuse occurred before making a report. These reporting requirements are designed to protect children while allowing child protective authorities to investigate allegations and determine whether intervention is necessary.
If you are going to court to defend your parental rights, your top priority should be to hire a Suffolk County child custody attorney. When you hire a lawyer, you gain the support and guidance you need to see your custody case through. Given the state’s divorce rate of 2.4 per 1,000 residents, many parents find themselves facing serious challenges during custody disputes.
A Suffolk County family law attorney can explain the process and prepare you for testifying and completing court requirements. If you face false accusations by the other parent, your lawyer can take decisive action to refute those allegations so they do not influence the outcome of your child custody case. Child custody laws are complex, but an attorney can explain the laws in simple terms so you can make well-informed decisions that could shape the terms of the final order.
The biggest mistake parents make in a custody battle is being unprepared. When one parent goes to court with no legal representation or inexperienced legal counsel, they can be blindsided by the other parent’s actions. Without strong representation, the courts may rule against them, which can jeopardize their parental rights and the time they can spend with their children.
Being unwilling to compromise and not thinking about the interests of the child can make a parent look bad in court. The family courts consider the interests of the child when making decisions about custody rights. Both parents should be willing to co-parent, unless there are serious past or current criminal charges endangering the child’s safety. By focusing on the needs of your child, you can reduce the risk that the courts view you in an unfavorable light.
Text messages and social media posts can be used as evidence in Suffolk County family court. If one parent makes disparaging or threatening comments to the other parent, that could affect how a judge rules on custody matters. Posts showing reckless behavior, like public intoxication, can also play a role in shaping the outcome of custody disputes. Remaining off social media and refraining from sending heated messages to the other parent is generally advisable.
Dads can win custody in Suffolk County by working with an experienced family law attorney who understands the challenges and struggles that fathers face in family court. When you go to court with strong representation, you can avoid many of the pitfalls that can lead to unfavorable outcomes. Your lawyer can take decisive steps to protect your rights and interests by negotiating fair terms for a settlement or aggressively litigating on your behalf.
Protecting your parental rights starts by working with an experienced family law attorney who understands New York’s family laws and how to safeguard the fundamental rights of parents. Attorneys play an important role in guiding cases by analyzing evidence, filing motions, representing you in court, and negotiating on your behalf. If the other party makes false accusations, your attorney can address the matter directly, so unfounded allegations do not harm your reputation or stand in court.
If you are preparing for a child custody case in Suffolk County, New York, now is the time to act. The Levoritz Law Firm understands how these cases can unfold and the potential tactics the other parent may try to gain the upper hand in court. We can take decisive action so we remain one step ahead throughout the process, and we approach every case with integrity, clear communication, and an unwavering commitment to protecting our clients’ rights and interests.
Our team of seasoned litigators brings decades of combined experience to the cases we manage. We take a hands-on approach to custody disputes because we understand that the outcome of your case will determine the time you spend with your child. Don’t delay preparing for your day in court. Contact our office today to schedule your initial consultation with our legal team.
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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