Jusino Law Blog – Child Custody

Jusino Law Blog - Child Custody

When making a custody determination, the court must focus on the best interests of the child and consider a myriad of factors including the stability of the parents, issues of alienation, issues of domestic violence, of relocation, etc.

            In addition to determining custody, the court must set a parenting time schedule for the non-custodial parent and can impose limitations on either parent. For instance, the court can award custody to one parent but not allow that parent to remove the child’s or children’s residence beyond a certain radius. This is called a radius clause. A court can also put restrictions on the parties’ ability to travel with the child or children and can impose other such restrictions.

            When a custody action is commenced, the court will usually appoint an attorney for the child or children whose sole responsibility in the action is to represent the children’s interests. That attorney is the only attorney permitted to speak to the children about the case and surrounding circumstances.

            At the end of the custody trial, the court will usually speak to the child or children in chambers outside of the presence of the parties and respective counsel. The attorney for the child will be the only attorney present during that in-camera interview. The attorney for the Petitioner and Respondent can submit questions for the court and the attorney for the child to consider asking the child during an in-camera interview. The court’s in-camera interview with the children is just one factor for the court to consider along with all the other relevant factors.

            Before the judge decides the case, and after having heard all the evidence and closing statements from the attorneys, the attorney for the child or children will make a recommendation to the court, which is but another factor.

            It is always advisable to get legal advice from an attorney of your own choosing when dealing with a divorce or Family Court matter. Your attorney’s primary concern is to advise you as to what is in your best interest now and in the future. What a friend may tell you from his or her experience, or what happens in a television show, are not necessarily in your best interests. An experienced attorney with a strong legal background in matrimonial and family law, such as myself, is better able to help you.

           If you need legal representation concerning a divorce or Family Court matter, I invite you to contact my office to set up a free consultation by calling 631-588-3155. I have been handling divorce and Family Court matters for nearly 30 years here on Long Island and wrote a book about divorce and family law titled Divorce: A Practical Guide, which is available at Amazon.com.

About the Author

Phillip J. Jusino

Phillip J. Jusino is a 1986 graduate of the Fordham University College of Business Administration and a 1989 graduate of the Fordham University School of Law. Mr. Jusino served as a Suffolk County Assistant District Attorney from 1989 to 1991 in the District Court Bureau and Domestic Violence Unit, and later served as a Law Guardian representing the interests of children. He was also an Adjunct Professor at Dowling College in the early 1990s.

Mr. Jusino has been in private practice for almost 30 years and heads the law firm of Phillip J. Jusino and Associates, P.C. located in Smithtown, New York. Mr. Jusino has extensive trial experience and appears regularly in Supreme Court, County Court, Family Court, and District Court representing his clients’ interests in the areas of Divorce, Family Law, Criminal Defense, Personal Injury, Adoptions, CPS matters, as well as Wills & Estates.

Mr. Jusino is the author of 'Divorce: A Practical Guide - A Common Sense Approach from an Experienced Matrimonial Attorney' which was published in 2014 and is available for purchase at Amazon.com, JusinoLaw.com, and other book outlets.

Mr. Jusino has won numerous awards and accolades from various legal societies and publications as a top attorney in his field.

Mr. Jusino hosts a television show called 'Finding Common Ground' which airs on Altice every Saturday at 10am on Channel 115 and every Thursday at 1am on Channel 20. You can watch the live version of 'Finding Common Ground' every Friday at 8pm on Facebook Live and YouTube. Past shows can be viewed on the YouTube channel for WLINY Internet Radio. In addition to Mr. Jusino’s shows, his video blogs (Jusino Law Vlog), concerning frequently asked legal questions, can be viewed directly at JusinoLaw.com under ‘Posts’ or at the Jusino Law YouTube channel.