Long Island Family Law and Mediation Blog

I have handled a lot of Long Island child custody and visitation (aka parenting time) cases, particularly in Nassau, Suffolk, Queens, New York City and the surrounding areas. I will discuss below how custody cases are decided in the Family Court and Supreme Court in contested child custody litigation or, what is aptly called a custody battle. Mediation, collaborative law, and uncontested cases are alternative methods which will be addressed in other blog entries.

If a couple is not married, or they are married but there is not a divorce case pending, parents can consider using the Family Court for a custody case. If a couple is married, living together, and co-parenting then the Family Court might decline to hear the case. Parties should discuss with an experienced family law or matrimonial lawyer whether the Family Court would have jurisdiction in their particular situation. Once a decision is made to file in Family Court or Supreme Court then appropriate papers must be drafted, filed, and served. Although parties may represent themselves, it is advisable to use an attorney as navigating through a custody case in court can prove to be a tricky process. The first court appearance is a conference date, whether in the Supreme Court or Family Court, in which the parties are free to consent to an agreement on what the custody terms and parenting time schedule will be for their children.

If an agreement is not made, often, an attorney to represent the child or children is appointed. Usually, in the Family Court, the County will pay the fee for the attorney for the children. In the Supreme Court, where a divorce must proceed in New York, usually the parties pay the costs for an attorney for the children. The attorney for the children is required to advocate for the children’s’ desires. In the case of very young children, sometimes it is appropriate for the attorney for the children to substitute their own judgment despite what the children are expressing. This is determined on a case by case basis based, in part, on the maturity of each child. Continue reading ›

Each mediator has their own approach; therefore this blog entry is not intended to be a definitive map for divorce mediation in Long Island and surrounding areas. The purpose of this article is to be illustrative of how a typical mediation could proceed.

A couple that is interested in getting a mediated divorce can come to the mediator’s office for a half hour no fee consultation. The mediator will meet with the couple together as he or she is a neutral person. Although some mediators are experienced divorce lawyers, as the mediator, he/she is not acting as the lawyer for either party. In the initial consultation a mediator will describe the process and answer the general questions that the wife or husband may have.

If a couple is ready to begin the process after the half hour consultation, then they can usually start to work on a settlement of the issues right away. The first topic that is usually addressed is what the grounds for the divorce will be. More often than not, there is an immediate agreement to use the no fault ground that now exists in New York. All that is required for this ground is that either the husband or wife needs to be able to swear that the marriage has been irretrievably broken for at least six months. It is not the husband’s fault or the wife’s. One person will need to be the plaintiff and the other the defendant when the actual divorce is filed. Usually this is not a source of contention.

Long Island Family Law and Mediation Blog

How Is a Child Custody Case Decided in New York?

What is a typical divorce mediation like in Long Island?