Child Custody & Private Investigation Long Island, New York, NY
WRM Security Services Inc. is a Long Island, New York
Security & Private Investigations Agency. We service all areas of Long Island,
NY throughout both Nassau County & Suffolk County. The companies President
William R. Maseroni and Vice President William S. Maseroni are long time
residents and have raised their families here on Long Island, New York. Our
Corporate Address is 87 High Meadow Lane-Riverhead, NY 11901. We are proud to serve our neighbors and welcome you a new clients.
We are Long Island’s Premier Private Investigator and Security Services Company serving both Nassau & Suffolk Counties as well as New York City. We are former law enforcement officers who have more than a basic understanding of the court system. We can help you understand the child custody process in the NYS court system.
We have been involved in several child custody investigations on Long Island, NY. over the past several weeks. As a result of being involved in these cases we were reminded how difficult and overwelming the court system is and how many of our clients are in need of an overview of Child Custody Rights in New York State. It is our hope that this blog give you a greater understanding of NYS Family Law as it pertains to Child Custody.
Neither parent has a preferred right to custody of their children in New York State and either parent can apply for custody. Custody can be granted in Supreme Court during a divorce. It is important to have only one case open at a time. If you have a divorce case open in Supreme Court you cannot try to get custody in Family Court until the divorce in Supreme Court is concluded.
Jurisdiction:
The court must first decide if it has jurisdiction to hear the case. Generally, this means that the child must have resided in New York State for the past six (6) months. If the child is less than six (6) month old you need to file for custody in the state where the child was born. Sometimes, it is better to wait to file until the child has lived in NYS for more than six (6) months.
“Best Interests of the Child”
The court must make its custody agreement decision in the “best interests of the child”. The court will look at who is the “primary caretaker ‘‘of the child is. The primary caretaker is the parent who spends the most time with the child, and is the parent the child turns to if they need something. A decision in “the best interests of the child” requires considering the wishes of the child’s parents, the wishes of the child, and the child’s relationship with each of the parents, siblings, and others who may subsequently impact the child. The mental and the physical health of the parents is definitely a deciding factor.
In deciding “the best interests of the child” The court will look closely at:
- Who is the main care giver/nurturer
- The parenting skill of each parent, their strengths and weaknesses and their ability to provide for the child’s special needs, if any
- The mental and physical health of the parents
- Domestic Violence
- Work Schedules and the child care plans of each parent.
- The child’s relationship with his or her brothers , sisters, and members of the rest of the family
- The wants of the child if old enough to express their needs.
- Each parents ability to cooperate with each other and encourage healthy relationships.
- The court will also look carefully into the lives of both parents and the homes that they will provide for the child.
- Marital fault will generally not play a large role in determining custody. Who is to blame more for a failed marriage is not the decisive factor in custody, but it will be considered. The court has ruled in the past that the act of adultery is minor, but when a parent’s paramour is brought into the marital home and the children overheard the lovers, the court held that the wife placed her own needs ahead of the children. It is how the events affect the child that will play a factor, not the events themselves.
- A parent’s behavior in court will play a significant factor in determining custody. Being argumentative or expressing hostility towards the other parent will be noticed by the judge. Likewise, being reasonable, cooperative and respectful towards the court will help. In court behavior alone will not determine custody, but it can certainly help tip the odds one way or the other, and should not be ignored.
- Religion will play a role when a child has been raised as one religion and the parents are of different religions, but religion alone will not determine custody. The court will favor the parent who is better able to continue with the child’s religious upbringing. Needless to say, trying to change a child’s religion, or interfering with a child’s religious instructions will not be looked upon favorably by the court.
- The parent who has physical custody of the child when the custody application is filed tends to have an advantage because the court will take into the stability of the child’s life. The court will try to avoid as much disruption to the child’s life the child’s life.
Law Guardian:
During the court process a Law Guardian will be assigned by the court to the case. This attorney is chosen by the court to be the child’s lawyer during the custody case,
and as such will play a role independent than that of the parties. Depending on the age of the child, the law guardian may be an advocate for the child, or the law guardian may substitute his or her own position on behalf of the child, acting more in the role of a guardian ad litem. The law guardian’s position may change during the course of a custody case, and it is not uncommon for a law guardian to be undecided prior to trial, especially as new facts continue to develop. Courts will place a great deal of weight on the law guardian’s position, but the court is not bound to blindly follow the law guardian.
Law guardians will generally not issue reports, nor will law guardians testify or be subject to cross examination. The law guardian’s job was to take a position which must be supported by the evidence on the record.
What is Child Custody?
Child Custody is a term that describes the legal relationship between a parent and a child. There are two types of custody, physical custody and legal custody. Physical custody is about where the child lives and legal custody decides which parent has the right to make important decisions concerning the child. The courts have the option of choosing one of several types of legal custody.
Temporary Custody: The court grants one parent or individual custody on a temporary basis during a divorce or separation.
Exclusive Custody: The court endows one parent with al custody rights to the exclusion of the other parent.
Joint Custody: The court grants the parents equal rights in making decisions concerning the child. If granted joint custody both parents have to get along and be able to talk and agree on important decisions concerning the child’s medical care, education, and religion. Both parents will have access to their child’s medical and school records. Everyday decisions are handled by the parent who has physical custody of the child.
Third Party Custody: The Family Court can grant custody to a third party if a third party has sought custody. A third party can be a grandparent or a close relative of the child. The court can also separate children and split custody if it deems that it is in the best interest of each particular child. Generally, the best interest of the child is to live with his or her siblings.
What is a Forensic Evaluator?
A Forensic Evaluator is a psychiatrist, psychologist, or social worker chosen by the court who supplies the court with information about the family in a custody/visitation case. The evaluator will interview family members and other mental health care providers who have worked with the family in the past. They can administer psychological tests to the parents. They may also visit the child’s school and or daycare and interview the child’s caretakers/babysitters. The evaluator will report their findings to the court and will be a witness in the case.
Wondering about child support payments? Well, Alllaw.com has a Child Support Calculator on its website. Here is the link : http://www.alllaw.com/calculators/childsupport/new_york/
I hope this blog will help you have a better understanding of the child custody process. We are available to help you through this process and help gather evidence that might be valuable to your case. We handle child custody cases throughout long Island, NY, New York, Nassau and Suffolk Counaties.
Contact Us:
William S. Maseroni (Jr.)
Call: 917-903-1552
Email: http://wsm@wrmsecurityservices.com
or
William R. Maseroni (Sr.)
Call:631-599-9674
Email: http://wrm@wrmsecurityservices.com
Contact us 24/7. Late hour calls will be returned first thing in the morning. There is always a free consultation.
We have created a YouTube video that will briefly introduce us and explain some of our services.
Thanks for visiting our blog. I hope the information helped and we looking forward to hearing from you.
WRM Security Services Inc. is a security services and private investigations
agency serving long Island residents in the following areas:
Albertson 11507
Alden Manor 11003
Alden Terrace 11580
Amagansett 11930
Amityville 11701
Aquebogue 11931
Arverne 11692
Asharoken 11768
Astoria 11102
Astoria 11103
Astoria 11105
Astoria 11106
Atlantic Beach 11509
Babylon 11702
Baiting Hollow 11933
Baldwin 11510
Baxter Estates 11050
Bay Shore 11706
Bayside 11359
Bayside 11360
Bayside 11361
Bayport 11705
Bayville 11709
Bellrose 11426
Bellmore 11710
Bellport 11713
Belle Terre 11777
Bethpage 11714
Blue Point 11715
Bohemia 11716
Brentwood 11717
Breezy Point 11697
Bridgehampton 11932
Brightwaters 11718
Brookhaven 11719
Brooklyn 11201 – 11256
Brookville 11545
Calverton 11933
Cambria Heights 11411
Carle Place 11514
Cedarhurst 11516
Center Moriches 11934
Centereach 11720
Centerport 11721
Central Islip 11722
Cherry Grove 11782
Cold Spring Harbor 11724
College Point 11356
Commack 11725
Copiague 11726
Coram 11727
Corona 11368
Cutchogue 11935
Davis Park 11772
Deer Park 11729
Dix Hills 11746
East Elmhurst 11369
East Elmhurst 11370
East Hampton 11937
East Islip 11730
East Marion 11939
East Moriches 11940
East Meadow 11554
East Norwich 11732
East Northport 11731
East Patchogue 11772
Eastport 11941
East Quogue 11942
East Rockaway 11518
East Setauket 11733
East Williston 11596
Eaton’s Neck 11768
Edgewood 11717
Elmhurst 11373
Elmhurst 11380
Elmont 11003
Elwood 11731
Fair Harbor 11706
Far Rockaway 11690
Far Rockaway 11691
Far Rockaway 11693
Far Rockaway 11695
Farmingdale 11735
Farmingville 11738
Fire Island Pines 11782
Flanders 11901
Floral Park 11003
Floral Park 11005
Flower Hill (Pt Wash) 11050
Flower Hill (Roslyn) 11576
Flushing 11351
Flushing 11352
Flushing 11354
Flushing 11355
Flushing 11358
Flushing 11367
Flushing 11371
Flushing 11381
Flushing 11390
Forest Hills 11375
Fort Solonga 11768
Franklin Square 11010
Freeport 11520
Fresh Meadows 11365
Fresh Meadows 11366
Garden City 11530
Garden City Park 11040
Gibson 11581
Glen Cove 11542
Glen Head 11545
Glen Oaks 11004
Glenwood Landing 11547
Gordon Heights 11763
Great Neck 11020
Great River 11739
Green Acres 11581
Greenlawn 11740
Greenport 11944
Greenvale 11548
Halesite 11743
Hampton Bays 11946
Hauppauge 11788
Hempstead 11550
Hempstead Garden 11552
Herricks 11040
Hewlett 11557
Hicksville 11801
Holbrook 11741
Hollis 11423
Holtsville 11742
Howard Beach 11414
Huntington 11743
Huntington Station 11746
Inwood 11096
Islandia 11749
Island Park 11558
Island Trees 11756
Islip 11751
Islip Terrace 11752
Jackson Heights 11372
Jamaica 11405
Jamaica 11424
Jamaica 11425
Jamaica 11430
Jamaica 11431
Jamaica 11432
Jamaica 11433
Jamaica 11434
Jamaica 11435
Jamaica 11436
Jamaica 11439
Jamaica 11451
Jamaica 11484
Jamaica 11499
Jamesport 11947
Jericho 11753
Kensington 11021
Kew Gardens 11415
Kings Park 11754
Kings Point 11024
Kismet 11706
Lake Grove 11755
Lake Ronkonkoma 11779
Lake Success 11020
Lakeland 11779
Lakeview (RVC) 11570
Lakeview (W.Hemp) 11552
Lattingtown 11560
Laurel 11948
Laurel Hollow 11791
Lawrence 11559
Levittown 11756
Lido Beach 11561
Lindenhurst 11757
Little Neck 11362
Little Neck 11363
Lloyd Harbor 11743
Locust Valley 11560
Long Beach 11561
Long Island City 11101
Long Island City 11109
Long Island City 11120
Lynbrook 11563
Malverne 11565
Manhasset 11030
Manhasset Hills 11040
Manorhaven 11050
Manorville 11949
Maspeth 11378
Massapequa 11758
Massapequa Park 11762
Mastic 11950
Mastic Beach 11951
Matinecock 11560
Mattituck 11952
Medford 11763
Medford Station 11763
Melville 11747
Merrick 11566
Middle Island 11953
Middle Village 11379
Miller Place 11764
Mill Neck 11765
Mineola 11501
Montauk 11954
Moriches 11955
Mount Sinai 11766
Munson 11010
Muttontown 11545
Nassau Point 11935
Nesconset 11767
North Bellmore 11710
New Cassel 11590
New Hyde Park 11040
New Suffolk 11956
Nissequogue 11780
North Babylon 11703
North Great River 11752
North Woodmere 11581
Northport 11768
Noyac 10960
Oak Beach 11702
Oakdale 11769
Oakland Gardens 11364
Ocean Beach 11770
Oceanside 11572
Old Bethpage 11804
Old Brookville 11545
Old Field 11733
Old Westbury 11568
Orient 11957
Oyster Bay 11771
Ozone Park 11416
Ozone Park 11417
Patchogue 11772
Peconic 11958
Plainedge 11756
Plainview 11803
Plandome 11030
Point Lookout 11569
Point O’Woods 11706
Poquott 11733
Port Jefferson 11777
Port Jefferson Station 11776
Port Washington 11050
Queens Village 11427
Queens Village 11428
Queens Village 11429
Quogue 11959
Rego Park 11374
Remsenburg 11960
Richmond Hill 11418
Ridge 11961
Ridgewood 11385
Ridgewood 11386
Riverhead 11901
Rockaway Park 11694
Rockville Centre 11570
Rocky Point 11778
Ronkonkoma 11779
Rosedale 11422
Roosevelt 11575
Roosevelt Field 11530
Roslyn 11576
Roslyn Heights 11577
Russell Gardens 11021
Saddle Rock 11023
Sag Harbor 11963
Sagaponack 11962
Saint Albans 11412
Saint James 11780
Saltaire 11706
San Remo 11754
Sands Point 11050
Santapoque 11704
Sayville 11782
Sea Cliff 11579
Seaford 11783
Searingtown 11507
Selden 11784
Setauket 11733
Shelter Island 11964
Shelter Island Heights 11965
Shinnecock Hills 11968
Shirley 11967
Shoreham 11786
Smithtown 11787
Sound Beach 11789
South Farmingdale 11735
South Hampton 11968
South Jamesport 11970
South Ozone Park 11420
South Richmond Hill 11419
Southold 11971
Speonk 11972
Springfield Gardens 11413
Springs 11937
Stewart Manor 11530
Stony Brook 11790
Sunnyside 11104
Syosset 11791
Upton 11973
Uniondale 11553
Valley Stream 11580
Valley Stream 11581
Wading River 11792
Wainscott 11975
Wantagh 11793
Water Mill 11976
Water Island 11772
West Babylon 11704
West Gilgo 11702
West Hempstead 11552
West Islip 11795
West Sayville 11796
Westbury 11590
Westhampton 11977
Westhampton Beach 11978
Wheatley Heights 11798
Whitestone 11357
Williston Park 11596
Woodbury 11797
Woodhaven 11421
Woodmere 11598
Woodside 11377
Wyandanch 11798
Yaphank 11980

