Custody
Family Court Act Article 6
Suffolk County Family Court Custody Attorney
By J. Douglas Barics
One of the most common questions we are asked is how many custody cases have we won. The answer surprises most people; winning a custody case means avoiding a trial and reaching an agreement.
Reaching an agreement is almost always better for the children and better for the parents. A trial means one parent will win and one will lose. Even though both parents may very well be exemplary at parenting, the new dynamic does affect how parents make decisions involving the children. Winning at trial can often result in a long term cost, the change in parental dynamics taking its toll on the children, who can sense but not express the subtle change.
By and large, most parents wish to avoid a trial and the best custody lawyers will help guide them in that path. But sometimes an agreement cannot be reached. Sometimes both parents genuinely believe they are the better parent, other times one parent is manipulative or even abusive and will use custody to achieve other goals.
At the Law Office of J. Douglas Barics we have the experience to handle all types of custody cases.
Do you need representation in obtaining an order of custody and parenting time?
Contact us online or at (631) 864-2600.
Child Custody in New York
What you need to know about New York child custody
What is the standard to decide custody?
Custody is based on what the court determines to be the bests interests of the child.
Does either parent have a better chance at custody?
Both parents are presumed to be equally fit parents. There is no assumption that one parent is better suited to having custody.
What are some examples of what the court considers in deciding custody?
- Presence or absence of parent
- The age of the parents
- Alcohol & Drug Use by the Parents
- Availability of parents
- Disability & physical health of the parents or child
- Following or disregarding court orders
- The existence of domestic violence
- Any informal custodial arrangement
- Any written custody agreements
- Finances of parents which cannot be remedied by an order of child support
- Findings of child neglect or abuse
- The home environment
- The parent's mental & emotional stability
- The parent's observable behavior in court
- The preferences of the child
- Which parent has traditionally been the primary caretaker
- Which parent is better suited to continue the child's religious upbringing
- Siblings and whether they would be separated based on which parent has residential custody
- Each parent's willingness to foster the child's relationship with the other parent
Does the child have an attorney too?
Yes. The Court will assign an attorney to represent the child or children.
Do my children have to testify?
No, children are not called to testify.
Can the children speak to the judge?
Yes, the Court may speak to the children directly. Only the children's attorney may be present during this interview.
Contact Our Family Court Custody Attorney Today
At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any custody matter. With over 25 years of Family Law experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled Family Court lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.
For a free phone case consultation or to schedule an office meeting, call 631-864-2600.