Long Island and Metro New York Custody Attorneys

When it comes to custody and child support arrangements, parents, their lawyers, and the court are responsible for putting the children’s best interests first. In our experience, parents working together is the best way to create arrangements that are amicable for children and everyone else involved.

Navigating child custody disputes can be challenging, but it is possible to keep it cordial and relatively expedient. At Karabatos Rosenkrantz DeMarco Schoenfeld (KRDS), our custody lawyers take the time to thoughtfully consider our clients’ situations, their case options, and the general tendencies of New York courts to help them efficiently reach agreements that are fair and equitable. 

Call KRDS’s New York custody attorneys at (516) 877-8000 to discuss your case.

New York’s Child Custody Laws

New York courts base child custody decisions on what is in the best interests of the child. This includes considering factors such as the wishes of both parents, the wishes of the child, the age of the child, and any special needs or considerations of anyone involved. The court will also consider the financial stability, the mental and physical health of both parents, past parental involvement, and any documented history of abuse or neglect. 

The state’s legal statutes outline two different types of custody arrangements. These are legal custody and physical custody. Legal custody is when one or both parents have the authority to make significant decisions about their child’s upbringing, especially concerning education, healthcare, religion, and the safety of the child. Physical custody is when one or both parents provide day-to-day physical and residential care for the child. 

When determining child custody arrangements in divorce proceedings, courts may grant joint or sole custodianship arrangements for legal and physical custody. If they grant joint legal custody, parents must work together when making decisions on behalf of their children. Only one parent receives decision-making authority in sole custody arrangements. In joint physical custody arrangements, both parents share equal responsibility (50/50) for housing and caring for their children. On the other hand, sole custody means one parent receives more than 50% of residential time. In these situations, the other parent can be awarded visitation. 

Because children typically benefit from interacting with both parents, courts generally prefer joint custody over sole custody. However, if exceptional circumstances mean that joint custody could be harmful to a child (e.g., a demonstrated history of child abuse), then courts may grant physical and legal custodianship to only one parent. It’s also possible to modify child custody arrangements due to one or more major life changes. 

Helping Clients Restructure Their Families with Compassion

KRDS custody lawyers have been helping families resolve child custody issues since 2001. Our goal in every case is to help our clients efficiently work toward custody decisions that best serve their children. We look forward to doing the same for you. If alternative dispute resolution is sufficient to settle your custody dispute, we’ll help you navigate the collaborative law process or mediation. On the other hand, if litigation is the best way to protect the best interests of your children, then we’ll fiercely advocate on your behalf in the courtroom. 

Message us or call (516) 877-8000 to schedule a consultation with one of our custody attorneys.