Child Custody in New York

Contact Us Today!

Going through the process of a divorce is an emotional and difficult situation that burdens an entire family. When a couple ends their marriage, several aspects of their children’s lives are brought into question. While some parents can come to a civil custody agreement, others struggle with the situation. If those parents cannot come to arrangements on their own, they sometimes seek legal action to resolve the issue. In the state of New York, there are two different types of custody arrangements for parents.

Physical Custody

Physical custody determines which parent the child spends most of their time with. Also known as residential custody, this deals with the residence, daily routine, and care of the child. When an individual is awarded physical custody of a child, they are what is known as the primary caretaker. Sole custody may be awarded in the case of an “unfit” parent who is believed to endanger the child. In an event of this, the other parent is still allowed visitation rights even though they are limited.

Legal Custody

While a child might spend more of their time with one parent than another, the concept of legal custody addresses the matter of influence in their life. Legal custody is the right for a parent to be involved in the decision-making process for their child. These decisions may include, health care, academics, religion, and the wellbeing of the child. While it is ideal to have both parents involved in the child’s life, this may not be possible in all cases. Some cases call for one individual to make all the decisions in their child’s life without the input of the other parent.

Factors to be Considered

When determining the right custody arrangement for a family, the judge always acts in the best interest of the child. It is often the case that both parents believe they are the best option for their child. While they both have equal rights to their child, certain factors are taken into consideration when coming to a conclusion of custody. This may include:

  • If a parent can provide stability in the child’s current life (home, school, activities, etc)
  • The relationship between the child and each parent
  • Both parents’ work schedule and lifestyle
  • Any history of domestic violence and abuse
  • Any history of alcohol and drug abuse
  • The health of both parents as well as the child
  • The child’s preference


If you or a family member is going through a divorce and seeking legal counsel for custody arrangements, contact the Law Offices of Susan A. Kassel, P.C. today.

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

Recent Blogs


Contact Us Today!