Legal Guidance for Child Custody and Parenting Time Disputes
At Aiello & DiFalco, we understand how important your relationship with your children is. Our attorneys work closely with parents to pursue custody arrangements that are practical, protective, and focused on long-term well-being.
- Representation in custody and parenting time matters
- Focus on solutions that serve children’s best interests
- Experience with negotiated agreements and contested cases
- Guidance through New York Family Court procedures
- Representation for parents across Long Island and New York
What is Child Custody?
In New York, child custody involves two distinct components: legal custody and physical custody.
- Physical custody, also called residential custody, determines where a child lives and how parenting time is shared
- Legal custody determines who has decision-making authority over a child’s education, healthcare, and general welfare
Parenting time, sometimes referred to as visitation, outlines when a child spends time with each parent and includes weekdays, weekends, holidays, and school breaks.
Types of Custody in New York
Custody terminology can be confusing, particularly during contested cases.
- Sole custody generally refers to decision-making authority resting with one parent, though the other parent may still have parenting time
- Joint legal custody means parents share decision-making responsibility and must consult on major issues affecting the child
- Shared or equal parenting time may involve close to a 50/50 schedule, depending on the family’s circumstances
Custody arrangements are often tailored to the needs of the children and the parents’ ability to cooperate.
How Courts Decide Child Custody in New York
When parents cannot agree, courts determine custody based on the best interests of the child. Neither parent has an automatic right to custody. Courts may consider factors such as:
- The child’s physical, emotional, and educational needs
- Each parent’s ability to provide a stable environment
- The mental and physical health of each parent
- Each parent’s willingness to support the child’s relationship with the other parent
- The child’s preferences, depending on age and maturity
- Any history of domestic violence or substance abuse
Each case is evaluated based on its specific facts.
Can Child Custody Orders Be Modified?
Yes. A child custody order may be modified if there is a substantial change in circumstances affecting the child. Common reasons for modification include:
- Ongoing difficulty with co-parenting
- Changes in work schedules or availability
- Relocation by one parent
- Interference with parenting time
- Concerns involving neglect, abuse, or substance use
After a substantial change is shown, the court must still determine whether modification serves the child’s best interests.
How a Child Custody Attorney Can Help
Child custody cases involve legal standards, court procedures, and emotionally sensitive issues. Legal representation helps parents navigate this process effectively. Attorneys assist by:
- Negotiating custody and parenting time agreements
- Drafting custody stipulations and court filings
- Representing parents in hearings and trials
- Presenting evidence related to the child’s best interests
- Advocating for fair and workable outcomes
Preparation and strategy are especially important in contested custody matters.
Speak With Our Garden City Child Custody Attorneys
If you are facing a child custody or parenting time dispute, Aiello & DiFalco is prepared to help. We represent parents across Long Island and throughout New York in custody, visitation, and modification matters. Contact our Garden City office today to schedule a confidential consultation.
Aiello & DiFalco LLP serves clients in Garden City, Hicksville, Long Beach, Massapequa, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, and New York City.