Nassau County child custody lawyers
Marriages today are failing at historic rates. For every couple that gets married, more than half of them can expect to eventually seek divorce. This situation is bad enough when it involves the dissolution of a once trusting and loving relationship. But it can have truly horrific consequences when it puts the well-being of children in jeopardy.
Regardless of why you may be seeking the intervention of the New York Family Courts, whenever you bring a case before the court or are summoned by it, the stakes are extremely high. This is especially true in child custody cases, where poor outcomes can mean that a parent may lose their custody or even their right to visit their children.
Child custody law in New York State is particularly complex. It is largely comprised of a patchwork of case law. Because it is light on statutory law and heavy on precedential cases, it takes a lawyer who specializes in Family Court proceedings to maximize your chance of a satisfactory outcome. Hiring the right lawyer, with the experience and skills necessary to help guide you through the Family Courts, can make the difference between giving you the best possible chance to win and ensuring a loss.
Child custody law is based on a vast body of case law
The two most important things that an experienced child custody attorney can provide you in the state of New York are the knowledge of existing case law, as it relates to child custody proceedings and the skills and experience to navigate Family Court as it actually tends to play out. Both of these skill sets are equally important. Without them, you scarcely stand a chance of having your case resolved in your favor, particularly if you ex-spouse or the contesting parent has hired their own competent legal counsel.
Because of the unique circumstances of child custody law, there are a number of factors that will have unusual bearing on the outcome of your case. A good Family Court lawyer can help you to minimize the negative characteristics of your situation while maximizing the positive ones. Some of the questions that will almost always have a decisive effect on the outcome of a child custody suit, should they be affirmatively answered, include the following:
- Is the parent frequently unavailable? A parent who works many hours per week or is frequently gone from the home will be at a significant disadvantage in a custody dispute.
- Is there a history of domestic violence? Any convictions or even charges related to domestic violence may have a serious effect on the chances of a parent being rewarded custody.
- Is there demonstrated neglect or abuse taking place? Any overt abuse or a neglected living environment will almost always result in the guilty parent being denied custody or having it rescinded.
Questions that can have a decisive effect on the outcome, especially in certain situations include:
- Is there a serious mental health concern with the custodial parent? Some severe forms of mental illness, such as schizophrenia and bipolar disorder, can effect the Family Court’s custody decision.
- Did the forensic evaluator find anything problematic? The forensic evaualtor’s opinion on how the parent interacts with the child can weigh heavily on the decision of the court.
- Has one parent attempted to interfere with court rulings or the relationship between the other parent and the child? The court frowns heavily upon interference, either with court orders or with the relationship between the children and the other parent.
This list is far from comprehensive. The best thing you can do is to hire a competent and experienced family court lawyer.