Nassau County Child Custody Lawyer

Parents can obtain physical custody or legal custody. Physical custody, also called residential custody, is whom the child will physically reside with. Parents who receive joint physical custody will spend equal time with the child. Alternatively, a parent who receives sole physical custody will be named the custodial parent who spends more than 50% of the time with the child. The noncustodial parent will have legal visitation rights.

Legal custody refers to a parent’s decision-making ability regarding the child, such as their medical care, education, and religious upbringing. Parents who are given joint legal custody may both make these decisions together; a parent granted sole legal custody is the only one who may make such significant decisions on the child’s behalf. 

Visitation Rights for Noncustodial Parents

Both parents are entitled to regular visitation with their children. New York provides a minimum visitation schedule for the noncustodial parent, including a few hours a week and overnight visits every other weekend. In situations where a judge may be concerned about the child’s safety with one parent, such as if the parent has a history of substance or domestic abuse, the judge may order supervised visitation in the presence of an agency or third party.

The Child’s Best Interests

The court will consider factors affecting the child’s best interests when deciding on custody and visitation. This includes elements like:

• each parent's stability and role in caring for the child;
• each parent's age, physical health, and mental well-being;
• the child's ties to their school, home, and community;
• each parent's relationship with the child;
• each parent's willingness to foster a connection between the child and their other parent;
• the parents' geographical proximity to each other if they are sharing joint custody;
• the child's relationship with siblings and other extended family members;
• the child's unique needs (if applicable);
• whether a parent has a history of domestic abuse;
• any other relevant factors.

Do not go through your child custody disputes alone; let Kirshblum Taber PC advocate for your parental rights and interests. Whether you and the other parent are on cooperative terms to co-parent or expect tense conflict, we can help you fight for a favorable child custody outcome. As a former judge with 25 years on the bench and experience writing and adjudicating law, Attorney David A. Kirshblum, Esq., knows what the courts look for in child custody disputes and how they tend to make decisions.

Contact Kirshblum Taber PC for an initial consultation to go through your child custody concerns with an experienced professional. Call } to safeguard your parent-child relationship.