Making the decision to get a divorce when children are involved can make the process quite complicated. Unless you and your spouse have already come to a mutual agreement about who will have custody or how you will share time, you will need to hire an attorney to make sure your best interests are protected. Here at Hedayati Law Group P.C., our Long Island divorce lawyers have years of experience resolving child custody disputes.
Whether you are involved in a complicated divorce or paternity case, our child custody attorneys in Long Island can provide the honest representation you need. We can help you protect your child’s future and your custody and visitation rights.
Though you may immediately feel that it is best for you to have full custody, we often recommend that you consider preserving your child's relationship with his or her other parent for the sake of your children's long-term interests. It is also important to remember that child custody disputes are incredibly traumatic to children, and the quicker you can make a decision, the better.
Discuss your child custody plans in our free, private consultation with one of our professionals. Call (631) 880-6440 to begin.
Many factors can determine child custody arrangements, including the child's preference, each parent's parenting history and skills, and the child's relationship to siblings or other family members. Our team will listen to your situation and work closely with you to create a child custody plan that both parents can agree on.
We can provide information on the following child custody topics:
No child custody order is set absolutely after it is created, and all can be subject to modification. Courts will typically only approve of a modification if one or both spouses experience a significant life change, or one spouse continues to violate the agreements outlined in the order. If you want to spend time with your children and maintain your parentage rights, you must be conscious about your agreements and New York’s custody laws at all times.
Whenever you encounter a situation where you are not sure about your rights and limitations as a divorced parent – such as planning an out-of-state vacation with your children – you should always seek clarification from the court or your attorney. You can also speak directly to your ex-spouse if you want to make temporary modifications to the agreement. It is still advised you work with a lawyer or get any impromptu agreements notarized, just in case your ex-spouse forgets or attempts to get you in trouble.
New York does not limit child custody rights to just the biological or legal parents of a child. In some situations, close relatives or even family friends might have the right to seek custody of a child after the parents’ divorce.
People who may attempt to win third party custody rights include:
As with any other legal process, the court will only assign third party custody if it appears to be in the best interest of the child. If both legal parents of the child do not seem to be a “good fit” for the child, or if both have passed away, a judge might be inclined to consider third party custody.
In the event your spouse is not sticking to the terms of your child custody order or if your circumstances have changed and you need to modify any part of the agreement, our family lawyers can help. We have extensive experience representing parents in custody modifications and enforcement proceedings. The courts understand that life is unpredictable and will allow modifications under specific circumstances, such as when a substantial change in finances, health, or living situation occurs. Our goal is to help guide you and answer any questions that you may have about your case.