When your relationship with your children is on the line, you need a Bay Shore child custody lawyer who will fight for you. At Hartin Divorce & Family Law, we represent Bay Shore parents in custody disputes, whether custody stands alone or arises inside a divorce. Our attorneys understand how much is at stake for your family, and we prepare every case with that in mind. We combine aggressive advocacy with genuine compassion, because your children deserve both.
From our office on West Main Street, we help parents throughout Bay Shore and Suffolk County protect their rights. If you are facing a custody dispute, call (516) 666-0539 to speak with our team about your situation and the options available to you.
Custody cases are among the most personal matters a parent can face. Our team treats them that way. We take the time to understand your family, your children's needs, and the outcome you are working toward.
Both attorneys at our firm, Thomas Hartin and Christina Nankervis, are accomplished negotiators and seasoned litigators. That means we can guide your case from the first meeting through settlement or trial. We prepare every matter as if it could go before a judge, which strengthens your position at the negotiating table.
Our firm focuses exclusively on matrimonial and family law. We do not split our attention across unrelated practice areas. Custody, visitation, support, and divorce are what we do every day for Long Island families.
We also believe communication matters. Phone calls are returned, questions are answered, and you are never left wondering where your case stands. Custody disputes are stressful enough without silence from your own attorney.
If you want a legal team that will listen closely and advocate fiercely, we are ready to help. Reach out today for a free case evaluation and let us explain how we can protect what matters most to you.
New York recognizes two distinct kinds of custody, and understanding the difference is important for any parent starting a case. Each type can be held by one parent alone or shared between both.
Legal custody is the right to make major decisions about your child's life. This includes choices about education, healthcare, and religious upbringing. A parent with legal custody has authority over these significant matters.
Courts can award sole legal custody to one parent or joint legal custody to both. Joint legal custody requires parents to cooperate on major decisions together. When conflict between parents is severe, a court may decide that sole legal custody serves the child better.
Physical custody, sometimes called residential custody, determines where your child primarily lives. It also covers who handles day-to-day care. The parent the child lives with most of the time is often called the custodial parent.
The other parent usually receives parenting time under a court-ordered schedule. Even when one parent has primary physical custody, the other typically stays actively involved in the child's life.
New York allows both sole and joint arrangements for legal and physical custody. Joint physical custody, where a child spends substantial time living with each parent, is less common than joint legal custody. Courts approve joint physical custody when both parents can provide a stable home and the arrangement fits the child's needs.
There is no single formula that applies to every family. Our attorneys help you pursue the arrangement that reflects your role in your children's lives and their best interests.
Not sure which type of custody applies to your situation? Call (516) 666-0539 and our Bay Shore custody attorneys will walk you through your options.
New York courts decide custody based on one guiding principle: the best interests of the child. This standard comes from New York Domestic Relations Law Section 240 and related provisions. Under Domestic Relations Law Section 70, neither parent starts with an automatic right to custody.
That means there is no built-in preference for mothers or fathers. A judge looks at the whole picture of your family to decide what arrangement will serve your child. Fathers and mothers stand on equal footing under the law.
Judges weigh a range of factors when applying this standard. These commonly include the following:
Stability carries real weight in these decisions. Courts often prefer to maintain continuity in a child's home, school, and daily routine when that arrangement has been working well.
Domestic violence receives serious attention. Under Domestic Relations Law Section 240, a court must consider the effect of domestic violence when deciding custody, even when the violence was not directed at the child. Our attorneys know how to present this evidence clearly and protect parents and children who need it.
Custody disputes take many forms. Our team represents Bay Shore parents across the full range of situations that bring families into court. We tailor our approach to the specific challenge you are facing.
Initial custody determinations. When parents separate, custody must be decided for the first time. We help you build a strong case for the arrangement that fits your family.
Custody within divorce. Many custody questions arise as part of a divorce. We handle both together so your parenting plan and your divorce move forward in sync.
Contested custody disputes. When parents disagree sharply, litigation may be necessary. Our attorneys prepare thoroughly and advocate firmly when a case must go before a judge.
Relocation disputes. When one parent wants to move with a child, the court must weigh how the move affects the existing arrangement. We represent parents on both sides of these difficult cases.
Custody modifications. Life changes, and existing orders sometimes need to change too. We handle petitions to modify custody when circumstances warrant.
For most Bay Shore parents, a standalone custody case is heard in Suffolk County Family Court. The court that serves western Suffolk County, including Bay Shore, sits at the Cohalan Court Complex at 400 Carleton Avenue in Central Islip. Family Court handles custody, visitation, and support matters under Article 6 of the Family Court Act.
Custody that arises as part of a divorce follows a different path. Divorce cases proceed through the Supreme Court rather than Family Court. When custody begins in a divorce, it may later continue with modifications in Family Court.
The process usually starts with a petition and one or more court conferences. Judges encourage parents to reach an agreement whenever possible, because children generally do better when parents cooperate. In many cases, the court appoints an attorney for the child to share the child's views with the judge.
If no agreement is reached, the case moves toward a hearing before a judge. New York does not use juries in custody cases. Our attorneys prepare your case for both possibilities, working toward a fair agreement while staying ready to litigate if that becomes necessary.
Custody and divorce often travel together. If you are ending a marriage that produced children, your custody arrangement will be decided as part of the divorce itself. That makes it important to treat both matters as connected pieces of one plan.
Decisions about parenting time can affect child support, and both interact with how property is divided. Handling these issues in isolation can lead to results that do not fit together. Our team looks at the full picture so your parenting plan, support, and financial outcome work as a whole.
Because we handle divorce and custody under one roof, we can keep your case coordinated from start to finish. That consistency protects both your parental rights and your financial future.
A custody order is not always permanent. New York allows a parent to seek a modification when there has been a substantial change in circumstances since the order was issued.
A substantial change can take many forms. It might involve a planned relocation, a new safety concern, a major shift in a parent's living situation, or a change in the child's needs. This threshold exists to protect stability and to prevent constant, unnecessary changes to a working arrangement.
If you believe your current order no longer serves your child, our attorneys can review your situation. We help you understand whether the facts support a modification and how to present your case to the court.
Custody cases reward preparation. Our team builds each case with care, from the first conversation through resolution. We focus on the concrete work that strengthens your position.
We start by learning your family's history and your goals as a parent. From there, we gather the documents, records, and information that support your case. Strong evidence makes a real difference in how a court views a parenting dispute.
Throughout the process, we explain each stage so you understand what is happening and why. We negotiate firmly when settlement is possible and litigate when it is not. Our aim is an arrangement that protects your relationship with your children and reflects their best interests.
We also keep you informed. You will know where your case stands and what comes next at each stage.
Parents across Long Island choose our firm because of how we treat them and their cases. We bring both warmth and strength to every custody matter we handle.
Our attorneys are respected by opposing counsel and judges throughout Long Island. That reputation comes from years of preparation and professionalism, and it can translate into better positioning for your case. We focus only on family and matrimonial law, so custody work is central to what we do.
Above all, we protect our clients fiercely. We listen, we strategize, and we advocate for the outcome that best serves your children and your role in their lives.
No. Under New York law, neither parent has an automatic right to custody. Courts decide custody based on the best interests of the child, and the standard is gender-neutral.
Legal custody is the authority to make major decisions about a child's education, healthcare, and upbringing. Physical custody determines where the child primarily lives and who handles daily care.
Yes. New York allows a parent to request a modification when there has been a substantial change in circumstances since the original order.
A standalone custody case for a Bay Shore family is typically heard in Suffolk County Family Court at the Cohalan Court Complex in Central Islip.
New York law requires courts to consider any history of domestic violence when deciding custody. A documented history of abuse can significantly affect the arrangement a court approves.
Custody cases involve important rights and a legal standard that gives judges wide discretion. A lawyer can help you gather evidence, prepare your case, and present it effectively.
Your relationship with your children is worth protecting. At Hartin Divorce & Family Law, our Bay Shore child custody lawyers stand ready to advocate for you and your family. We bring aggressive representation and real compassion to every case we handle, whether your custody matter stands alone or arises within a divorce. Attorney Thomas Hartin and our team serve parents throughout Bay Shore and Suffolk County from our office on West Main Street. You do not have to face this alone. Call (516) 666-0539 today for a free case evaluation and let us explain how we can help you protect what matters most.
