Family Court in NY – Child Removal and Custody Decisions Explained

Family Court in New York deals with some of the most sensitive legal matters, especially child custody and removal cases. Parents involved in such proceedings are usually stressed, and confused about their rights and responsibilities. Anyone involved in such cases must understand how the Family Court system works in New York, especially Suffolk County, Nassau County, and Long Island.

At The Law Offices of Shawn R. Kassman, we know how important these choices are to families. With Attorney Shawn R. Kassman at the helm of our legal team, we are committed to moving through the complexities of Family Court with clear guidance, ensuring that our clients are heard and their rights are upheld.

What is Child Removal in New York Family Court?

Child removal refers to the legal process of removing a child from the custody of their parent or guardian due to concerns about the child’s safety and well-being. In New York, a child may be removed based on an emergency when the child is in harm or is neglected. Upon allegations of abuse or neglect, an agency like the Administration for Children’s Services (ACS) can file a request to have a child removed. In this regard, a parent, a guardian, or an agency can request child removal.

Child removal cases are urgently processed in New York Family Court, and a child’s well-being is their first priority. The court summons an emergency hearing to decide if the child has to be taken away temporarily or handed over to another family member or state agency. Factors such as the severity of the alleged abuse or neglect, the child’s current living situation, and whether there are any immediate threats to the child’s health and safety will be considered.

Emergency Removal and Initial Hearings

When a child is removed from their home in New York, an initial hearing must occur within 24 hours. This hearing is known as a “Temporary Removal Hearing,” it grants the court permission to review the evidence presented by a party seeking removal, be that a parent, social worker, or ACS representative. The court will assess the child’s welfare during the hearing and consider if the child is at risk, whether removal is necessary to protect the child, and whether other less intrusive alternatives, such as supervised visitation or protective services, have been explored.

The judge shall decide to temporarily give the child in the custody of another parent or relative or even to a foster care agency. The family court will then make further hearings and order long-term solutions for the child’s care, including reunification with the parents or permanent removal, depending on the case.

Decisions on Custody in New York Family Court

Child custody is one of the most common and intricate issues in Family Court. New York courts primarily focus on the child’s best interests when determining custody. There are two types of custody in New York.

1. Legal Custody: Refers to the right of a parent to make crucial decisions in a child’s life, including those relating to education, health, and religious upbringing. Legal custody may be shared (joint legal custody) or awarded solely to one parent.
2. Physical Custody: Refers to where the child lives on a day-to-day basis. Like legal custody, physical custody can be shared between both parents (joint physical custody), or one parent may have sole physical custody.

Family courts typically prefer joint custody arrangements in New York, provided both parents can cooperate effectively. However, when cooperation is impossible, the court may award sole custody to one parent.

The Law Offices of Shawn R. Kassman is the source of professional representation for people in Suffolk County and Nassau County, and surrounding areas such as Bayshore, Oakdale, Sayville, Riverhead, Port Jefferson, Brentwood, and Holtsville who are facing Child Support and Custody Cases in Family Court. We are situated in the heart of Central Islip, so we can best help clients with the complexity of Child Support and Custody Cases.

Factors That Influence Custody Decisions

The New York Family Court considers various factors when determining child custody arrangements. These include, but are not limited to:

• The child’s age and needs: Younger children may have different needs than older children, and the court will assess how each parent can meet those needs.
• Parent fitness: Each parent’s ability to provide a stable and supportive environment is essential. A history of abuse, neglect, or substance abuse will also be considered.
• The child’s relationship with each parent: Consideration will be given to the strength of the relationship between the child and each parent and any preferences expressed by the child if they are sufficiently mature to do so.
• The ability of each parent to foster a relationship with the other parent: The court looks into the capability of each parent to support the child’s relationship with the other parent. Obstructive parents who alienate their children from the other parent will be seen less favorably.
• The child’s living environment: The court considers the home environment safe, stable, and favorable to the growth and well-being of the child.

One who wishes to get custody on their own is responsible for demonstrating why that will be in the child’s best interest. The court then has the liberty of appointing a guardian or attorney for the child, considering there is disagreement from both sides of the parents over the child’s custody.

The Role of a Family Court Lawyer

The Family Court system can be overwhelming and emotionally charged, mainly when the welfare of a child is concerned. Having an experienced attorney in your corner makes all the difference. Attorney Shawn R. Kassman and the team at The Law Offices of Shawn R. Kassman specialize in family law and provide effective legal representation for clients in Suffolk County, Nassau County, and Long Island.

We recognize that no two families are alike and treat every case with sympathy and commitment. Whether you’re trying to prevent the risk of danger to your child through a removal case or involved in a custody battle, we will diligently fight for the protection of your rights and those of your child.

Need Legal Assistance? Contact Us Today! 631-232-9479, Email: info@centralisliplawyer.com

Whether you’re dealing with Child Support and Custody Cases, Visitation Proceedings, Wills Trust and Estates Law, Uncontested Divorce, Criminal Law, Divorce, Family Law, Estate Administration, Real Estate Law, Traffic Tickets, Real Estate & Landlord Tenant Law, Traffic Violations, DWI / DUI – Driving While Intoxicated, Driving With Suspended License issues, or need expert legal guidance throughout Suffolk County and Nassau County, the Law Office of Shawn Kassman is here to help. Visit us at: 83 Carleton Ave., Central Islip, NY 11722