Top Divorce Lawyers in Nassau County
Child Custody in Nassau County
Not all marriages last, and when they don’t, and the couples have a minor child or children together, child custody will no doubt be a factor in their divorce. All things being equal, a judge will give a lot of discretion to the parties as to how child custody will be implemented. If the divorce is contested and the parties can not agree on custody, their lawyers will put forth a case in court to try and get the matter resolved in favor of their client. Unfortunately, due to the personalities involved, this part of the divorce can often be long and contentious. While no lawyer can speak for the judge, having an experienced Nassau County child custody lawyer can make all the difference.
Support For Your Custody Order
You may have two options for getting started if you don’t already have a custody order, first, you can either file a custody petition or have your case considered by a judge or court attorney-referee, or you can have your case sent to mediation.
You can use the Custody/Visitation Modification DIY Program to seek the court to amend the existing custody or visitation order for your kid from Family Court, or the Custody/Visitation Enforcement DIY Program to ask the court to enforce an existing order if it is not being obeyed.
Who May Request Custody?
Anyone who plays a significant role in the life of a child may apply to the court for custody. The child’s parents need not be present. A judge will initially take into account “exceptional circumstances” while deciding custody between a parent and a person who is not a parent. If there are unusual circumstances, the judge will take into account the child’s best interests.
The “Petitioner” is the individual who initiates the case. The “Respondent” is the target of the case.
Child Custody Lawyers Nassau County: Where to file for Custody Order ?
What is the Cost of Filing?
Family Court is typically where custody disputes first arise. The county where the child resides is where the petition needs to be submitted. Occasionally, if the parents are married and obtaining a divorce, one of the parents will petition the Supreme Court for custody as part of the divorce. The Divorce Judgment includes the custody order.
You can use the Custody/Visitation Modification DIY Program to seek the court to amend the existing custody or visitation order for your kid from Family Court, or the Custody/Visitation Enforcement DIY Program to ask the court to enforce an existing order if it is not being obeyed.
Family Court is typically where custody disputes first arise. The county where the child resides is where the petition needs to be submitted. Occasionally, if the parents are married and obtaining a divorce, one of the parents will petition the Supreme Court for custody as part of the divorce. The Divorce Judgment includes the custody order.
What's Next After Filing?
The petition and summons must be personally “served” (delivered) on the opposing side after the custody petition has been filed. The petition for custody must be served on both parents if it is filed by a non-parent. The summons will specify where and when to meet in Family Court for the custody hearing on behalf of both parties.
Visitation
When child visitation matters arise in a divorce, the court’s main priority is the best interest of the child. What this means is that the court will weigh out all the factors affecting the child, and make a decision based on what is best for the child. Courts tend to lean towards granting visitation more often than not, based on the premise that a child needs both parents. Of course, in extenuating circumstances, like if there is a history of violent behavior in the home by one parent towards the other or towards the child, a judge can order supervised visitation or deny it
altogether.
Who Can File for Child Visitation in Nassau County?
The parents, grandparents, and siblings of the child can petition the court for visitation. It is up to the court which parties will be granted visitation rights, also referred to as “parenting time”. Many times lawyers will bring up the opposing side’s negative behavior or ill will toward the child to slant the visitation ruling in favor of their client. If your spouse’s lawyer is using these tactics to deny you visitation with your children, you need an expert at mitigating any negative circumstances that may arise in court.
Can Parents Visit Their Child While In Foster Care?
Yes, as long as the parental rights have not been terminated. Once the rights have been terminated, the parents no longer have the right to visit their child.
What Happens at the Visitation Hearing?
This is when both sides put forth their best arguments for the terms of the visitation. It can be a time when “mud-slinging” occurs. If you’ve had problems in the past with domestic violence or restraining orders, or have a criminal record, now is when these things will come out. An experienced lawyer will help lessen the damage, to any extent possible. You won’t always win in court, but having an experienced litigator on your side can greatly increase your odds.
Can a Custody / Visitation Order Be Modified?
Yes. If new circumstances arise in your life that you believe can have a positive impact on your previous custody/visitation order, discuss these with your lawyer. A good lawyer will make an honest assessment of your current situation and advise you of the best possible action to take. They may suggest going ahead with a modification motion right away, or they may say to wait a little longer. You depending on your lawyer’s experience to get you the best possible outcome- make sure to keep them in the loop!
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FAQs
If a child under 18 years old is neglected or abused, Child Protective Services will file a petition with the Family Court to have a hearing on the alleged abuse or neglect.
It is always advisable to have a Nassau County Family Lawyer represent you in court because the future of your family depends on it. If you are up against CPS, you need formidable representation. You need an experienced family lawyer to stand up for your rights, every step of the way.
Yes. CPS can remove a child from your home without a court order if they determine that the child is in imminent risk of serious bodily harm. An example of this would be if one of the parents is having a physical altercation with a friend in the house while the child is present.
If CPS makes an unexpected visit to your home, it means they are starting an investigation into your family to determine if any of the children are being abused or neglected. You should call a Top Family Lawyer in Nassau County to discuss this if it happens.
Technically, no, you don’t. The thing is, CPS is a very powerful agency and if they have received a report that your child has been abused or neglected, they will see your child. Depending on the severity of the complaint, CPS could come back another day, or if the threat to a child’s safety is immediate- they could call the police and force their way in.
If you do this, CPS will go to Family Court and file a petition with the judge. You can be ordered to go to court and testify. If this happens, contact a top Family Lawyer in Nassau County to “have your back” in court.
Yes, absolutely. They can visit the school, identify themselves, and ask to speak with the child. The school will comply.
Not only “can they”, but they are required to file a complaint. Teachers are what is known as “mandated reporters”. They can actually be charged with a crime if they do not report child abuse
Domestic violence refers to violent acts or threats between individuals who are in any type of intimate relationship. They could be married, living together or just in a relationship. They might have a child together. They could be related. They could be gay, lesbian, heterosexual or a combination of both
