Bryan L. Salamone & Associates, P.C. | Exclusively Divorce & Family Law

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Bryan L. Salamone & Associates, P.C. | Exclusively Divorce & Family Law
631-388-6009

Smart Divorce Guidance
Focused On Your Future

New York attorneys fight for legal and physical custody of your kids

Child custody is not a luxury item: it is the legal authority to exercise your essential right to a meaningful and loving relationship with your child. It gives you the means by which you provide for your child’s health, safety, and welfare. In short, child custody is a sacred trust. At Bryan L. Salamone & Associates, P.C., we take child custody seriously. Our Long Island child custody lawyers work diligently to reach a result that truly reflects the best interests of your children.

Types of child custody available to Long Island parents

New York recognizes two distinct forms of custody:

  • Legal custody — Gives a parent the authority to make important decisions about the child’s health care, education, religious upbringing, and general welfare. Legal custody may be granted on a sole or joint basis, depending on parental fitness, cooperation and the child’s needs.
  • Physical (residential) custody — Determines where the child primarily lives. The non-residential parent typically receives visitation or parenting time, which may be scheduled, supervised, or flexible based on the circumstances.

Long Island courts often grant temporary custody orders during a divorce before issuing the permanent order.

Common child custody arrangements following a divorce

Courts can structure custody in a number of ways. The most common are:

  • Sole custody — One parent is exclusively in charge of the health, education and welfare of the children, with no obligation to consult with the other parent. However, if the custodial parent makes poor decisions, he or she risks losing custody.
  • Joint custody — Both parents share equally in all custodial responsibilities.
  • Shared custody with spheres of influence — Each parent is given special responsibility for certain issues. For example, one parent may have the final say over medical decisions while the other is in charge of making educational decisions.
  • Residential custody to one parent with joint legal custody to both — One parent houses the child while the other is allowed visitation, but both share in decision-making. Variations of this arrangement include giving the residential parent final say or having a neutral parent coordinator mediate decisions.

Our child custody lawyers work to build the strongest case for the custody arrangement that works best for you and your children.

Parental rights and responsibilities that come with custody

A parent with legal or physical custody has both rights and obligations. These include:

  • The right to participate in making major decisions for the child
  • The responsibility to provide a safe, stable home life
  • The duty to meet the child’s educational, medical, and emotional needs
  • The obligation to follow court-ordered visitation schedules and maintain communication with the other parent

Parents must also avoid interfering with the other parent’s relationship with the child, as doing so can negatively impact future custody rulings.

How New York family courts determine custody

New York judges evaluate custody arrangements based on how they promote the child’s stability, safety, and healthy development. Courts do not automatically favor one parent over the other. Instead, they analyze the family’s circumstances and each parent’s character, abilities, and availability to the child. When parents cannot agree on a custodial arrangement, the judge makes a determination after reviewing evidence, witness testimony, parenting records, and—when appropriate—the child’s own preferences.

Factors Long Island courts consider in contested custody cases

When custody is disputed, Nassau and Suffolk judges weigh multiple factors during their “best interests” analysis, such as:

  • Each parent’s caregiving history and involvement in daily routines
  • The child’s emotional bonds with each parent and members of the extended family
  • Parental fitness, including mental-health stability, substance-use concerns, and any history of domestic violence
  • Each parent’s ability to provide a consistent, nurturing environment
  • The child’s preference, depending on age and maturity
  • The parents’ ability to cooperate and communicate
  • The home, school, and community stability each residence offers

No single factor is decisive; courts balance all relevant considerations to determine the most beneficial arrangement for the child.

The legal process for obtaining child custody in New York

Parents may seek custody through divorce proceedings in Supreme Court or by filing a custody petition in Family Court. After filing, the case may involve:

  • Initial conferences to discuss issues and potential agreements
  • Investigations by court-appointed professionals, including forensic evaluators
  • Mediation or negotiation between the parties
  • Temporary custody orders to stabilize the child’s routine during litigation
  • A full evidentiary hearing or trial if no settlement is reached

Throughout the process, the judge may appoint an Attorney for the Child to represent the child’s interests.

Seeking custody for the safety of the child

Some custody battles erupt when one parent exploits the children to hurt the other, but there are times when a parent honestly believes a child is in danger while in the care of the other parent. In such cases, you can seek custody for the safety of a child. Our attorneys handle custody matters involving allegations of child endangerment with exceptional professionalism and care. We pride ourselves on giving our clients conscientious representation, together with the personal attention they require in these difficult situations.

Modifying and enforcing existing NY custody orders

Custody orders are legally binding but not necessarily permanent. Courts can modify orders when there is a substantial change in circumstances, such as relocation, changes in parental fitness, or evolving needs of the child. Courts will only alter an existing order if modification would better serve the child’s best interests.

When a parent violates a custody or visitation order, the other parent may return to Family Court to request enforcement. Remedies may include make-up parenting time, supervised visitation, fines, or a change in the custody order. Whether arguing for or against a custody modification, our seasoned trial attorneys have a strong record of success in court.

Types of child custody cases we handle

We are the largest law firm on Long Island exclusively practicing family law. Therefore, our lawyers have extensive experience with all issues affecting child custody, including:

Whatever the issues or the forum in which they arise, we fight vigorously for our clients’ parental rights.

Our track record in sole custody cases

Our firm has a decades-long track record of winning tough custody matters, including cases involving the following situations:

  • Against all odds in custody cases where the forensic psychiatrist and the law guardian both were against our client.
  • Custody for people who did not fit the traditional model of a custodial parent.
  • Custody for disabled parents with impaired abilities.
  • Custody for men and women with allegedly sordid backgrounds.
  • Custody for parents who needed to keep their children safe from the other parent who was abusive, neglectful or simply a bad parent.

Our perseverance repeatedly pays dividends for our clients.

Hire Long Island’s winning family lawyers for your child custody matter

Children grow up quickly. By losing custody, you can lose the connection that enables a loving relationship. Contact us online for a free initial consultation with a skilled child custody attorney in Suffolk County or Nassau County. If your case is urgent, do not email. Call us immediately at 631-388-6009.