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Divorced parents arguing about child custody against color wall

Nassau County Child Custody Lawyer

Getting divorced doesn’t mean that you stop being a parent. Most parents understand this when they contact us or come into our office, but, often, two parents may have different ideas about a given custody plan. If it is done right, however, a custody plan will be in the best interests of the children and agreeable to each parent. Since founding the Law Offices of Eyal Talassazan, P.C., in 2014, one of the main areas of our focus has been child custody issues. Don’t hire just anyone to handle your custody agreement, hire a seasoned Nassau County child custody lawyer from our firm so we can get started working on your case.

Child Custody Lawyer | Here to Protect Your Family’s Best Interests

If you’re facing an issue surrounding custody, you need a Nassau County family lawyer with significant experience handling these issues. The child custody process can be drawn-out and stressful sometimes or it can be relatively straightforward. Generally speaking, it is best if there is a spirit of collaboration where the two sides can craft an agreement in a way that sets a constructive tone for moving forward.

Important Facets of Child Custody Arrangements

There are a variety of different issues that should be discussed with your lawyer in regard to child custody:

  • An order of custody: This gives the responsibility of care, maintenance, and control of the child to one or both parents. The courts generally prefer joint custody because it is believed best for the children.
  • The custody hearing: If the couple agrees to a custody plan, then a family court judge will enter an order of custody without a formal hearing. If they cannot agree, the judge will have a formal hearing where both sides testify. The court will then award custody.
  • Visitation: This is where a parent files a petition in family court against the parent who has custody of the child. The court can order this if it is in the child’s best interests.
  • Parenting plans: The parents may have a written plan even if one parent has sole custody.
  • Modifications: Modifications are common because a child’s needs often change, families move and people’s jobs change.

How Does The Court Decide?

If the matter goes to New York’s Family Court, the judge takes several factors into consideration. These include:

  • Who the child wants to live with
  • The bond the child shares with both parents
  • Personal history of each parent, including mental and physical health, such as whether a parent has a history of substance abuse, domestic violence, or otherwise
  • Whether both parents can provide a safe, stable environment for the child
  • The willingness of the parents to be active in the child’s life

Modifying a Child Custody Order in New York State

After a divorce is finalized and a child custody arrangement is put into place, it’s not entirely common for things to change, and sometimes, these changes can warrant a modification to an initial custody agreement. As long as you can prove that there has been a significant and unforeseen change in circumstances, you should be granted a child custody modification. Some scenarios that commonly warrant a modification to child custody are as follows:

  • A significant change in a child’s schedule
  • The custodial parent wants to move out of state with the child
  • One parent has died or becomes incapacitated
  • One parent exposing a child to an incident of domestic violence or abuse, or having a history of violent or abusive behavior
  • One parent has abandoned the child, thereby violating the custody order
  • One parent is otherwise parentally unfit to raise and take care of the child

These are just some scenarios that may warrant a modification to an initial custody order, and if you have encountered any other circumstance that has significantly changed you or your child’s life, you may qualify for a modification.

Relocating With a Child

It is far from uncommon for a custodial parent to want to move out of state with their child in the months or years following a divorce. As long as the non-custodial parent consents to the move, there shouldn’t be a problem. However, when one parent wishes to move away with their child but the other parent opposes the move, it can present a host of issues. In this case, the parent who wants to move away will either have to convince the other parent that the move is a good thing and get them to sign off on it, or they will have to get court approval to do so. If you have to go to court for a move-away case, the judge will consider a variety of factors when determining whether to grant the move. Just some of those factors are as follows:

  • The reason one parent wishes to move away
  • The other parent’s reasoning for opposing the move
  • Whether the move would be in the best interests of the child

To determine the best interests of the child, the court will consider whether the move would benefit the child socially, economically, educationally, or otherwise. As long as the court believes the move would be in the child’s best interests, they should grant it. Whether you’re looking to relocate with your child or you oppose your ex moving out of state with your child, you need a seasoned Nassau County child custody lawyer in your corner who can advocate for you and your child’s best interests at every turn.

Child Custody Appeals

If you’re unhappy with the outcome of your child custody case, you may be able to appeal the decision to a higher court. An appeal is a legal process by which you can challenge the order of a lower court based on legal errors or mistakes however, importantly, you should understand that an appeal is not a new trial, and you are not permitted to present new evidence or facts; you can only argue that the lower court made a wrong decision based on the law or the evidence that was already presented. Filing a child custody appeal can be a complicated and time-consuming process, and it may not always result in a favorable outcome.

For this reason, you need a seasoned Nassau County child custody lawyer in your corner who can effectively protect your rights as a parent. The Law Offices of Eyal Talassazan, P.C. has extensive experience helping clients navigate the appellate process, and we are here to do the same for you. We will help you determine if you have grounds for an appeal, file the necessary paperwork, prepare and present your arguments, and represent you before the appellate court, fighting, tooth and nail, for the best outcome possible on behalf of you and your child.

Exceptional Guidance In Custody Cases | Contact Us Today

In many ways, a child custody agreement is the absolute most important arrangement that comes out of a divorce. For this reason, if you’re fighting for custody of your child, you need to hire a competent child custody lawyer who can effectively handle your case and work to ensure your child’s best interests are protected, every step of the way. If you have any questions about custody or feel that your custody arrangement is not beneficial, simply contact the Law Offices of Eyal Talassazan, P.C. We are here to help you and your family in any way we can.

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