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Child Custody

Child Custody Lawyer in Long Island

Resolving Child Custody Disputes in New York

During a divorce, child custody is one of the most challenging issues to resolve. This holds even when the parents of a child are not married but are breaking up nonetheless and need to reach a custody arrangement. Parents have strong opinions over how the custody of their children should be divided — or not divided in some cases — and often will not back down until they get what they want. If you are seeking child custody, you must retain the services of an experienced Long Island child custody attorney who can assert your rights and ensure your needs and concerns are not overlooked or ignored.

Call Samuelson Hause PLLC today at (516) 584-4685 or contact us online to schedule a meeting with our child custody attorney in Long Island!

Understanding the Different Types of Child Custody

Child custody in New York can take various forms, depending on the unique circumstances of each case. At Samuelson Hause PLLC, we provide legal representation in the following types of custody:

  • Legal Custody: This involves the authority to make decisions regarding the child's upbringing, including education, healthcare, and religious affiliation. Legal custody can be joint, where both parents share decision-making responsibilities, or sole, where one parent has the final say.
  • Physical Custody: This pertains to where the child primarily resides. Similar to legal custody, physical custody can be joint or sole. The court may also order a visitation schedule for the noncustodial parent.
  • Sole Custody: This grants one parent exclusive legal and physical custody rights. Sole custody is typically awarded when the court determines that joint custody is not in the child's best interests.
  • Joint Custody: In joint custody arrangements, both parents share responsibilities for decision-making and time spent with the child. This arrangement is often favored if it aligns with the child's best interests.

How Child Custody Is Determined in New York & on Long Island

When parents can agree on a child custody arrangement, the courts will typically uphold their decision as long as it is in the child's best interest. When parents cannot mutually agree on an arrangement, the courts will intervene and devise an arrangement based on the child's best interest. There are certain factors judges take into consideration when determining child custody. Some of these factors include: 

  • Each parent's lifestyle
  • If siblings were separated
  • The child's lifestyle and routine
  • Each parent's physical and mental health
  • Each parent's income and financial stability
  • Each parent's ability to provide a stable environment
  • The child's bond and/or relationship with each parent
  • The child's preference (if above a certain age, usually 12 years)
  • If the parents encourage the child to have a relationship with the other parent
  • If either parent has a history of alcoholism, drug abuse, or domestic violence
  • Each parent's ability to provide for the child, i.e., food, shelter, clothing, and medical care
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Why Choose Samuelson Hause PLLC?

  • Accredited By the Better Business Bureau (BBB®) for High-Quality, Ethical Legal Practices
  • Included In Best Lawyers In America
  • Top-Tier Matrimonial Law Firm with US News & World Report
  • Three Attorneys Listed in New York Super Lawyers ®

Testimonials

Our Determination & Dedication Is Recognized by Our Clients
    “Efficient workplace.”
    “Divorce is a horrible time in anyone’s life. It is filled with stress and life-changing decisions Samuelson Hause PLLC is a law firm that gives you the information and confidence to make the right decisions.”
    Michael Creagh
    “I would recommend the firm to anyone.”
    “Despite the unpleasant nature of divorce, the attorneys at Samuelson Hause PLLC were a pleasure to work with.”
    J.F., Finance
    “I highly recommend this firm”
    “Clients I refer to Wendy always come back and tell me how professional she is. She listens to them, provides a caring voice, but is a strong attorney who gets results.”
    Warren M. Bergstein, CPA
    “Unbelievably receptive, caring, and completely understanding.”
    “My case was a logistical nightmare, as it was mixed within 2 different states and multiple attorneys were involved. They had to work in conjunction with my attorney in my home state (not New York), all while being extremely detail-oriented”
    N.G.
    “I worked with Tracy Hawkes, she was great throughout the entire process.”
    “I worked with Tracy Hawkes, she was great throughout the entire process.”
    Tina M.
    “Great lawyer!”
    “Wendy, Thank you for all of your help and support. I will recommend you to clients who are looking for a great lawyer!”
    Anonymous, Psychotherapist
    “Wendy is my "Wonder Woman".”
    “Divorce is a very emotional and draining process to go through. I was given a few recommendations for divorce attorneys and made appointments to consult with all of them.”
    C. Jordan
    “My sincere thanks to you for your expertise and true kindness.”

    Thank you so much for the informative consultation. You’re such a remarkable woman & I truly appreciate all the referrals.

    C.C.

Local Insights on Visitation and Child Custody in Long Island

In Long Island, navigating visitation and child custody can be particularly challenging due to the unique dynamics of our communities. Local families often face issues such as balancing work commitments with parenting responsibilities, which can complicate custody arrangements. The Nassau and Suffolk County Family Courts are dedicated to ensuring that the best interests of children are prioritized, but understanding the local legal landscape is crucial for parents seeking visitation rights.

Parents in areas like Hempstead and Islip may find themselves struggling with the emotional toll of custody disputes, especially when it comes to maintaining a healthy relationship with their children. Local resources, such as the Long Island Coalition for the Homeless and the Family Service League, provide support for families in crisis, helping to address underlying issues that may affect custody decisions.

Additionally, the Long Island community is known for its diverse population, which can lead to varying perspectives on parenting styles and custody arrangements. Understanding these local nuances is essential for parents to effectively advocate for their visitation rights. The courts consider factors such as each parent's ability to provide a stable environment and the child's existing relationships with family members, which can be influenced by local cultural dynamics.

As you navigate the complexities of visitation and custody in Long Island, it is important to have a legal partner who understands the local landscape and the specific challenges you may face. At Samuelson Hause PLLC, we are committed to helping families in our community find solutions that work for them, ensuring that your child's best interests remain at the forefront of any custody arrangement.

What to Expect in a Long Island Child Custody Case

Many parents are unsure what the legal process will look like when a custody dispute begins on Long Island. Understanding the general steps can relieve some anxiety and help you make informed choices from the outset. While every matter is unique, most cases in Nassau County and Suffolk County follow a similar path from the first filing through settlement discussions or a hearing.

In a typical case, one parent starts the process by filing a petition in Family Court or raising custody in a Supreme Court divorce action. The court then schedules an initial appearance, where deadlines may be set and temporary arrangements for parenting time or decision-making can be discussed. Over the following months, the court may order home studies, appoint an attorney for the child, or request input from mental health professionals if there are concerns about safety or a child’s needs. We guide clients through each phase, explaining what information the court will be focusing on and how best to present their parenting history.

Most custody matters resolve through negotiation, mediation, or conferences with the judge rather than a full trial. When settlement is possible, parents can design detailed parenting schedules, decision-making protocols, and provisions for holidays, travel, and communication. If an agreement cannot be reached, the case may proceed to a hearing where witnesses testify and evidence is presented. Because we regularly appear before Long Island judges and know how these courts manage their dockets, we can help you weigh the potential risks and benefits of settlement versus litigation at every stage.

Frequently Asked Questions

How Long Does a Child Custody Case Usually Take on Long Island?

The length of a custody case can vary widely depending on the court’s schedule, the level of contest, and whether evaluations are needed. Some matters resolve in a few months through negotiation, while others can take a year or longer if multiple hearings are required. Courts in Nassau County and Suffolk County often encourage parents to work toward an agreement, which can shorten the process.

Can a Custody Order Be Changed After It Is Entered?

A custody or visitation order can be modified if there has been a substantial change in circumstances since the last order was made. Examples might include a parent’s relocation, changes in a child’s needs, or significant concerns about a parent’s ability to care for the child. The court will always look at whether the requested change is in the child’s best interests.

Do I Have to Go to Court If We Already Agree on Custody?

Even when parents reach an agreement on their own, it is generally advisable to have that agreement reviewed and formalized by the court. A court-approved order or stipulation makes the arrangement enforceable and provides clarity if disputes arise later. The process can be more streamlined when both parents agree, and it often involves less time in front of a judge than a contested case.

Will My Child Have to Speak to the Judge?

Children rarely testify in open court in custody cases. If the judge needs to hear from a child, it is usually done in a private meeting in the judge’s chambers, with an attorney for the child present. This setting is designed to make the child more comfortable and to reduce the emotional pressure they may feel from either parent.

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Reasons to Choose Our Firm

  • Two of Our Attorneys are Members of the American Academy of Matrimonial Lawyers (AAML)
  • Accredited By the Better Business Bureau (BBB®) for High-Quality, Ethical Legal Practices
  • Included In Best Lawyers In America
  • Top-Tier Matrimonial Law Firm with US News & World Report
  • Three Attorneys Listed in New York Super Lawyers ®
  • AV Preeminent® Rated by Martindale-Hubbell®, the Highest Rating in Legal Ethics & Professional Practice