Custody And Parenting Time Related But Different
When it comes to children, there are two concepts, Custody and Parenting Time. These concepts are related, but different. Custody involves decision making, while Parenting Time involves when a parent has time with their child. To learn more about Parenting Time, click on this link.
Custody of your children is probably the most difficult and emotionally charged issue in your divorce. We provide the compassion, caring, and expertise to represent you and fight for your rights. Our Long Island child custody attorney will counsel you and help make sure you understand the law, so you can effectively make the best decisions for you and your child.
Joint Custody and Sole Custody in New York
There are two basic types of child custody on Long Island, sole custody and joint custody. Sole custody is where the Mother or Father has the sole decision-making about the upbringing and raising of the child. Joint custody comes in two different forms: (1) joint legal custody with primary residential custody to one spouse and (2) joint legal custody with shared physical custody.
Primary Residential Custody and Shared Physical Custody
With joint legal custody, the Mother and Father share legal decision-making concerning the upbringing and raising of the child. Primary residential custody means that the child spends most of his/her time with one of the parents. Shared physical custody means that the child spends close to 50% of his/her time with both parents.
The Badanes Law Office Will Help You Through Your Child Custody Case on Long Island
If the parties cannot agree on child custody, there will be a custody trial. If there is a trial, the Judge cannot award joint custody and must award sole custody to one of the parents. The court will use the following factors in making this decision:
- Which parent has been the child’s primary caregiver
- The child’s current living arrangement with the goal of the least disruption
to the child’s living arrangement
- The parent’s ability to provide emotional, mental and financial support for the child
- The child’s preference
- The child’s health
- The child’s age
- The parent’s income
- The parent’s health and lifestyle
- The parent’s willingness to encourage the child to maintain a relationship
with the non-custodial parent
- Any history of violence or abuse by each parent
We make sure that you are fully prepared to present your child custody case and your facts to the court. We will gather the evidence and prepare you for trial. Courts are instructed to treat both Fathers and Mothers equally and that there should be no preference in awarding child custody to one or the other. Our child custody lawyer will aggressively fight for your rights as it pertains to your children.
Contact a Child Custody Lawyer Today
Our central law office is located in Northport, NY and our Nassau County office is located at 1225 Franklin Avenue, Suite 325, Garden City, N.Y. 11530.
“Mr. Badanes is a phenomenal attorney.”, E.D., West Babylon