Nothing is more important than your family. However, family dynamics can be challenging, and sometimes, relationships between parents don’t work out, which can put your child in a tough situation. Determining child custody arrangements after a separation or divorce can be an emotional and overwhelming situation. Now more than ever, you need the legal guidance and emotional support a Nassau County family lawyer can provide.
Our compassionate child custody attorneys at Kohan Law Group understand child custody cases’ complicated legal and emotional components. We advocate for your family and provide personalized, comprehensive legal strategies that put you and your child front and center.
Even if you agree with your former partner about parenting duties and visitation, it is always best to seek the advice of an experienced Nassau County child custody attorney who can help you manage the nuances of the New York family law system. Protect yourself and your family by contacting our office today for a confidential consultation.
Understanding New York Child Custody Arrangements
The specific circumstances of your situation can significantly impact the outcome of a New York child custody case, which is why understanding your numerous child custody options is essential. There are two components of child custody: physical and legal. Additionally, there are two kinds of child custody: joint and sole.
Physical custody refers to where the child resides or which parent the child primarily lives with. In joint physical custody situations, a child lives with both parents for a roughly equal time. In a sole physical custody scenario, the child lives with one parent more than 50 percent of the time. One parent is the custodial parent, while the other is the non-custodial parent. Often, the non-custodial parent has a visitation or parenting schedule.
Legal custody gives parents the right to make crucial decisions on the child’s behalf. These decisions can involve a child’s medical care, education, and religious upbringing. With joint physical custody, parents have an equal say in a child’s upbringing and can make major decisions for the child together. In sole legal custody cases, only one parent can make significant decisions for the child.
New York family courts recognize the value of allowing both parents to build a loving and meaningful relationship with their child, which is why joint custody arrangements are preferable when circumstances allow.
The New York “Child’s Best Interest” Standard
Resolving child custody arrangements can happen in various ways. Parents may work amicably with one another to reach a mutually acceptable agreement on their own or through mediation. The court can review the agreement, and if approved, it becomes a court order establishing the parameters of your child custody arrangement.
If parents cannot agree independently, the New York family court system can intervene to resolve parental differences and establish a child custody and visitation agreement as part of a divorce or child custody case.
How does the court determine the living and custody arrangements that meet the child’s needs and best interests? New York courts use the “child’s best interest” standard to determine a fair custody arrangement. This standard helps the court establish what types of custody arrangements specifically address the child’s basic needs and will help them grow and thrive in their new situation. Some of the criteria the court uses to evaluate what arrangement meets the child’s best interests include:
- The ability of each parent to provide for the child’s basic needs
- The physical and mental health of each parent
- The stability and home environment of each parent
- Each parent’s ability to care for the needs of the child
- The relationship between each parent and the child
- Whether the child has special needs
- How long the child has been living with each parent
- Whether the child has siblings and previous custody arrangements involving those siblings
- The ability of each parent to foster a healthy relationship between the child and the other parent
- Whether there is a history of domestic violence, abuse, neglect, or drug and alcohol abuse
Depending on the child’s age and maturity, the child’s personal preference can also be a factor in custody cases.
Can You Change a New York Child Custody Agreement?
Following the initial child custody determination, it can feel like your agreement is set in stone. However, as you and your child grow and mature, your family’s needs may change. New York allows parents to change or modify existing child custody orders when they can prove a substantial change in their circumstances since the court issued the original order.
To change a child custody arrangement, a parent must file a Petition for Modification of an Order of Custody/Visitation. The individual filing the petition must provide the court with proof that a substantial change has occurred to their physical or mental health, financial situation, living situation, or relationship status. Some of the most common reasons a parent may pursue a child custody modification can include:
- The parent must move or relocate
- A parent has remarried
- A parent has been incarcerated
- There is a substantial change in the needs of the child
- A parent has abused, neglected, or abandoned the child
- One parent is interfering with the legal rights of the other parent
As with original child custody cases, the child’s preference may also influence how a judge resolves a child custody modification order.
Do You Need a Nassau County Child Custody Lawyer?
There is no question that when it comes to your family, you need the help a compassionate and experienced Nassau County child custody lawyer can offer. At Kohan Law Group, we offer personalized legal advice and strategies to help you achieve the most favorable outcome possible for your child custody situation.
Contact the highly experienced family law team at Kohan Law Group now for a free consultation to discuss your child custody options.