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Suffolk County Child Custody Lawyers

Providing Proven Legal Guidance to Islip & Long Island

Child custody agreements or orders set out the legal parameters between children and their parents. There are two different forms of custody: legal custody and physical custody. Generally, legal custody is either sole or joint and determines which parent will have the vested power to make decisions concerning the child’s health, education, religion, and welfare. Physical custody refers to the parent with whom the child resides with predominantly, subject to the visitation rights of the other parent. At the Law Office of Robert H. Montefusco, we can help you navigate these complex issues.

Dial (631) 801-0007 now to schedule your free initial consultation with our Suffolk County divorce lawyers. You can also contact us online.

Visitation is the term used for the visits the parent who does not have physical custody is allowed, at a minimum absent consent of both parties. There are many variations of physical custody agreements and/or orders. Custody matters in New York are based upon the best interests of the child.

When Couples Disagree

If parties are unable to reach an agreement on custody and visitation issues, the court will appoint an attorney for the child at the cost of the parties, usually divided in proportion to their respective incomes. The court will afford the child’s preference regarding which parent to reside with and why some weight in determining custody in relation to the child’s age.

Protect Your Family from Harmful Influence

Another consideration regarding custody is the issue of parental alienation. Parental alienation refers to the process in which a child is psychologically persuaded to emotionally detach from a parent, either by losing respect or love for that parent. This can be caused by one party purposely, such as in the case of one parent interfering with the other parent and child’s relationship, or may occur out of the natural consequences of a stressful divorce proceeding.

During a custody dispute, a parent may argue parental alienation with the intention of swaying the court on where the best interests of the child lie. The court must account for the justification as to why the child is not seeing the specific parent.

In cases such as these, courts rely on:

  • Evidence, such as witness testimony regarding the alienating behavior
  • Any direct interaction between the court and the child, and with the parents
  • Court-appointed forensic experts, such as psychologists who can help determine whether or not a child is a victim of parental alienation.

If alienation is proven, it is highly weighed when considering what is in the best interests of the child. Often courts may direct and/or change the custody status in order to prevent further parental alienation. Cases are decided on an individual basis because the determination relies on facts and how modifications of custody will impact a child.

Call the Law Office of Robert H. Montefusco today. Dial (631) 801-0007 now.

  • Robert is definitely the one you want representing you through a difficult time that is going to affect the rest of your life

    “Robert was my attorney representing me through my divorce and I couldn’t have asked for any better. The attorney you choose greatly affects the outcome of your divorce and mine would have been horrible if it wasn’t for him. I strongly and highly recommend him. He guided me through with his expert negotiating, leadership, advice and representation. He was realistic of what the outcome was going to be and he was right. His office staff is wonderful and you always get timely responses. Robert is definitely the one you want representing you through a difficult time that is going to affect the rest of your life”

    Alice

  • Robert is not a stranger to arguing a motion. An added benefit that helped with my selection of Robert was his prior background as a Suffolk County Assistant District Attorney.

    “Although I am not an attorney, I deal with a lot of contact, intellectual capital and real-estate attorneys regularly and I’m a pretty good judge of character. Robert’s representation of me was outstanding!”

    Robert D.

  • He is open, honest and will not provide false promises.

    “They were exceptional in making sure conversations and milestones were communicated to me as well as very thorough in the handling of paperwork, agreement and the decree.”

    Jim

  • Robert did everything in his power to ensure the best come for me, my kids and my future. Thanks

    “Robert did a great job on finalizing my divorce with a very difficult X Wife.”

    Rob

  • Robert, I want you to know you are a blessing! AND THANK YOU!!!

    “You are so knowledgeable and took so much time with me… for that I am so thankful!!!!”

    Lynn M.

  • His passion for his work is unparalleled.

    “He fought for me every step of the way.”

    Genie

  • Thank you for helping to give me peace of mind.

    “When you told me not to worry you would fight for me I REALLY felt that in your words.”

    Dina D.

  • I had an exceptional experience during a very difficult time.

    “All details taken care of, no loose ends.”

    Guy

  • You don't need a guppy, you need a Barracuda!

    “I was recommended to The Montefusco law firm by a friend who is a lawyer. He told me "You don't need a guppy, you need a Barracuda"! From the first free consultation (many years ago) to the present day, the entire staff was courteous, punctual, professional, and tolerant. I say that because I can be a tough customer to deal with, and I was never treated that way. I was always given the respect, time, and the opportunity to be heard. Hope and Monica were great on the phones, and taking down my concerns, and relaying them to Robert, Meaghan, or Maureen. I had a particularly rough time with my EX, and I was fighting for the rights of my son, and him now living with me. Robert had my back through the whole process. I am 100% satisfied with the outcome, and the entire team should take a bow! Robert always knew just what to say, and how to calm me down in moments of disbelief in the ongoing battles, and I feel I can include him in my 'inner circle' of friends. Meaghan did a great job of re-writing all of my oppositions, and even took my calls when she was at her home. And last but not least is Maureen. Maureen is a paragon. She could answer every question I had, and always gave me the respect I deserved. She and I got to know each other pretty well on the phones, and through emails. Often times I called to talk to Robert, and Maureen picked up, and helped me through my concerns. Thank you Robert, Meaghan, Maureen, Hope, and Monica! You made a really bumpy road seem navigable, and throughout the process, there was always a shining light at the end of the tunnel!”

  • His office personnel was unbelievable.

    “He explains everything in detail.”

    Edward

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