Long Island Child Custody Lawyer

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 here.

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.

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What Factors Influence Which Parents Will Get Sole Custody In A Custody Trial

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

Do you have a child custody matter in Long Island, NY? If you are looking for an experienced attorney, contact David Badanes, Esq. and the Badanes Law Office at (631) 430-4445 or email at david@dbnylaw.com. The Badanes Law Office represents clients in Suffolk County and Nassau County. Our offices are located in Northport and in Uniondale.

Testimonials

” Mr. Badanes is a phenomenal attorney. ”

E.D., West Babylon

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“David is very attentive and dedicated to the details of his clients matters. I always feel well taken care of with David Badanes by my side.”

Mark W.

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“Great experience. Very professional and attentive to all of my needs throughout.”

Matthew Z.

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“David Badanes handled my divorce and the writing of my will. He handled everything wonderfully. My divorce was fair and was completed very quickly. He is very professional and handled all the delicate issues with care and understanding. The entire process of divorce is upsetting, stressful and unsettling but Mr. Badanes always put me at ease and made the process much easier and everything ran very smoothly. I highly recommend David Badanes to anyone who needs his services.”

J.L., Lake Ronkonkoma, NY

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“I went to another lawyer for my divorce and was told it would take 6 months for it to be final. 3 years later, I decided enough was enough and went to David to take care of it. David told me the divorce was not filed properly the first time and that we would have to start over. We were told again it would be done in 6 months. His knowledge of the process gave us the comfort that this time it would be handled properly. After 6 months as promised, my divorce was final without issues. We are so pleased to have an attorney who delivered what he promised. David is very competent, and I would recommend him highly to friends or family without hesitation.”

John

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