Suffolk County Legal Custody
What is legal custody?
When negotiating the terms of your child's custody it is very important to be aware of the distinction between physical and legal custody. Gaining physical custody of your child entails the responsibility for housing, feeding and generally taking care of your child on a daily basis.
The child will be living with you. Gaining legal custody of your child means that you will have the final authority on any decisions to be made in regards to your child's life, unless a judge were to determine otherwise. The legal custodian will have the final say when it comes to matters like education, important medical decisions, or any other major decision that could have a significant impact on your child's life. If you are going through a divorce and would like to attain legal custody of your child, it is absolutely essential that you contact a Suffolk County divorce attorney.
Learn more about how our Suffolk County legal custody attorney by contacting us onlineor calling (631) 629-6874today!
Can You Modify an Existing Legal Custody Order?
It is possible to modify an existing legal custody order, but certain conditions must be met for the court to approve the modification. In New York, the courts understand that life circumstances change, and the best interests of the child may evolve over time. However, to ensure stability for the child, the court will not modify a custody order lightly. The parent requesting the change must demonstrate a "substantial change in circumstances" since the original order was put in place.
A "substantial change in circumstances" could include events such as one parent relocating, a significant change in the child’s needs, or concerns about a parent's ability to provide proper care. For example, if one parent develops health issues that hinder their ability to care for the child or if there are allegations of abuse or neglect, the court may reevaluate the custody arrangement. Additionally, if one parent is consistently violating the terms of the existing custody order, the other parent may have grounds to seek a modification.
The process for modifying a custody order typically involves filing a petition with the court that issued the original order. The petition must outline the substantial change in circumstances and explain why the proposed modification would be in the child’s best interest. In many cases, both parents will be required to attend mediation or a court hearing where evidence can be presented to support or contest the modification request.
It's important to note that any proposed modification to a legal custody order will be scrutinized to ensure it aligns with the best interests of the child. Courts will not grant a modification simply because one parent wishes to make changes; there must be concrete evidence showing that the child’s well-being would be better served by a new arrangement. For this reason, having experienced legal representation is essential to ensuring that your case is presented effectively.
How Do Courts Determine Which Parent Gets Legal Custody?
When determining which parent will receive legal custody of a child, courts in Suffolk County, as in all of New York, prioritize the best interests of the child. Legal custody refers to the authority to make major decisions regarding the child’s upbringing, including matters related to education, healthcare, and religious instruction. Courts favor arrangements that allow both parents to remain involved in these decisions whenever possible, but if the parents cannot cooperate, sole legal custody may be awarded to one parent.
Several factors are considered in determining which parent is awarded legal custody. One of the primary considerations is the ability of each parent to make responsible and informed decisions that will benefit the child. Courts will also evaluate the parents' communication skills and whether they are likely to work together effectively on important matters. If the relationship between the parents is highly contentious, joint legal custody may not be feasible, and one parent may be given sole authority.
Other factors include the child's preferences (depending on their age and maturity), the mental and physical health of each parent, and which parent has historically been the primary caregiver. The court may also consider the child’s existing relationships with siblings or extended family, the stability of each parent's home environment, and whether one parent is more likely to foster a positive relationship between the child and the other parent.
It is also crucial for the court to assess the likelihood that the parents will honor each other's rights and responsibilities under a joint legal custody arrangement. If one parent is seen as likely to obstruct the other’s involvement in the child's life, the court may decide that sole legal custody is the more appropriate option. In all cases, the child's well-being is the paramount consideration, and the court’s goal is to establish a legal custody arrangement that promotes their emotional and developmental needs.
In any custody dispute, having a knowledgeable and experienced legal team is essential. Whether you are seeking to modify an existing custody order or need representation in an initial custody determination, our firm is committed to helping you navigate this complex process while protecting your child’s best interests.
Legal Custody Issues
In most custody cases, the parent who gains physical custody of the child will also be granted legal custody. Sometimes parents will agree to share the legal custody of their child. In these joint legal custody arrangements, both parents will have an equal say in their child's life and upbringing. Maintaining legal custody of your child, even jointly, is an excellent way to stay in your child's life after a divorce. Children need the support of both parents to help them through the difficult period following a divorce. A skilled divorce lawyer from our firm will greatly increase your chances of gaining legal custody of your child.
At the office of Kuhn & Sandler, PLLC, we know how important it is for a parent to actively participate in their child's future. We have several years of experience helping parents gain legal custody of their children. Getting the legal custody of your child is no minor matter. You need a law firm with the expertise and skill necessary to successfully negotiate the favorable terms of your child's custody. Call our firm today.
Contact a Suffolk County child custody attorney by calling (631) 629-6874if you would like to maintain the legal custody of your child.