Suffolk County Child Custody & Visitation Lawyer
Mark Brancato Esq. is an attorney in Suffolk County specializing in Child Custody & Visitation. Parents seeking legal representation for a child custody case on Long Island NY can receive a free consultation with Mark to discuss the details of their case.
Long Island Child Custody Lawyer
Child Custody Attorney, Huntington, NY
An experienced and knowledgeable child custody lawyer is essential during the difficult and stressful times of custody litigation. Mark Bracato represents you knowing that the best interests of your children are first priority.
In New York, child custody, has two different components – physical custody and legal custody. Here is a brief description of each:
Physical Child Custody
Physical custody refers to the right to have the child or children reside with you, the parent. Physical custody is sometimes referred to as residential custody.
Legal Child Custody
Legal child custody refers to the right to make major decisions regarding certain aspects of your child’s upbringing such as schooling and medical needs.
Determining Child Custody
The standard of determination in a custody case is the “best interests of the child.” This is an intentionally broad standard that leaves your Judge with tremendous discretion. In determining the best interests of your child, the court looks at the totality of circumstances presented to them, which is, again, very broad in scope. The Family Court Act and Domestic Relations Law list only domestic violence as a consideration in determining custody but subsequent case law provides additional factors including:
- Which parent is the primary caregiver
- Which parent provides the child with more stability
- Drug abuse or alcohol abuse
- Mental health and physical health
- Psychological bond between parent and child
- Work schedules of the parents
- Parental Alienation / false allegations by one parent against the other parent
- The child’s preference (the amount of weight this is given increases with the age of the child)
Sole Custody, Joint Custody and Split Custody Explained
Sole Child Custory
Sole Custody of Sole Legal Custody describes parenting situations where only one parent has the legal right to make major decisions for your children. The other parent has no authority to make any major decisions or even to be consulted with such decisions.
Joint Child Custody
Joint custody (or joint legal custody) is when both parents have the right to make major decisions about their child’s upbringing. Often, this means that the parents must consult with each other before making any major decision regarding their child’s medical needs, education or religious upbringing. Generally, joint custody is preferred by the court.
Split Child Custody
Split custody occurs when parents have multiple children and one or more of the children live with each parent. For example, you have physical custody of one or more of your children while your ex has physical custody of one or more of the children. Split custody is heavily disfavored in New York.
Regardless of the specific arrangements of sole custody, joint custody or split custody, the non-custodial parent retains the right to seek visitation with the child or children.