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Long Island Child Custody Attorney
Reviewed for accuracy by Chris Palermo, Esq., updated September 2026
Custody in New York turns on a single standard: the best interests of the child. There is no formula, no automatic 50/50 split, and no preference for mothers or fathers; the law gives both parents equal standing, and a judge weighs the actual facts of the family. Chris Palermo Law has represented parents on every side of that standard for more than 30 years of combined experience, as part of a Long Island family law practice built around exactly these cases.
Custody is decided in one of two places. Parents who were never married, or who are not divorcing, file a petition in Family Court, while married parents usually resolve custody inside a divorce in Supreme Court. The standard is identical in both, and either Chris Palermo or Riley Perry personally handles your case in whichever courthouse it lands.
Most custody disputes settle into a parenting plan without a trial, and a plan the parents wrote almost always works better than one a judge imposed. We negotiate toward that outcome from day one and prepare for a hearing the entire time, because the parent who is ready to try the case is the parent the other side settles with. Consultations are free: call (631) 780-0085 or use the form below.
Custody has two separate parts, and confusing them is the most common mistake parents make. Legal custody is decision-making authority over education, medical care, and religion. Physical custody, sometimes called residential custody, is where the child primarily lives; that parent is the custodial parent, and the other typically has parenting time and pays child support.
Joint and sole describe how those parts are divided: joint custody shares major decisions between both parents while one home remains the designated primary residence, and sole custody places both decision-making and residence with one parent, with parenting time for the other. Courts lean joint where parents can genuinely cooperate and sole where cooperation has collapsed or safety requires it.
A traditional schedule gives the noncustodial parent alternating weekends, alternating holidays, a weekday evening or two, half of school recesses, and a few weeks each summer. That template is fading: courts increasingly approve schedules with far more time for the noncustodial parent when the logistics support it, and we build plans around school, work, and distance rather than around habit.
Talk through a parenting planFather’s Rights and Mother’s Rights
Fathers walk in believing the court favors mothers, and mothers walk in afraid of losing the caregiving role they have carried for years. The law answers both the same way: gender is not a factor, caregiving history is. What each parent actually did, meals, homework, doctors, transport, matters more than what each parent is called.
We represent both, and we keep dedicated pages for each side’s specific fights: father’s rights cases where a dad is pushing for real parenting time instead of a visitor’s schedule, and mother’s rights cases involving enforcement, relocation, and safety. Same standard, different battlegrounds.
Father’s RightsPractice Areas
The standard is your child’s best interests. So is ours.
Meet Your Attorneys
Chris Palermo
Chris Palermo, Esq. has dedicated over 20 years to helping families in Suffolk County navigate complex legal matters. A graduate of Villanova University and Touro College Law School (2001), he combines a strong academic foundation with a deep commitment to his clients.
Known for his compassionate yet assertive approach, Chris has successfully guided hundreds of individuals through challenging family law cases. He is admitted to practice in all New York State courts and has earned widespread recognition, including a perfect 10/10 Avvo rating and the distinction of being named a National Top 100 Trial Lawyer.
Beyond the courtroom, Chris is an active supporter of the Suffolk County community. He contributes to causes like the Marcie Mazzola 5K Run/Walk and the St. Jude Foundation, reflecting his dedication to both his profession and those in need.
Riley Perry
When you need a trusted divorce and family law attorney in Suffolk County, Riley T. Perry, Esq., brings a unique blend of expertise, dedication, and personalized care to every case. As a partner at Palermo Law, Riley has built a reputation as a tireless advocate for clients navigating the complexities of divorce, child custody, and family law matters across Long Island.
With deep roots in the local community and a proven track record, she’s here to guide you through life’s toughest legal challenges with compassion and skill.
- New York State Bar Association
- Suffolk County Bar Association
- Suffolk County Matrimonial and Family Law Committee
- American Institute of Family Law Attorneys’ 10 Best Female Attorneys
Custody Counsel That Knows These Courtrooms
Custody work is local. These cases live in the Family Courts in Central Islip, Riverhead, and Mineola, and Chris Palermo has spent more than 20 years in front of the judges, support magistrates, and forensic evaluators who shape them. With Riley Perry, the firm brings more than 30 years of combined experience, and one of the two of them personally handles your case throughout.
Custody cases also punish overloaded lawyers, because the record is built in details: the missed exchange, the school email, the pattern in the parenting log. We keep our caseload small so those details get seen, and the more than 100 five-star Google reviews from Long Island clients reflect what that attention feels like.
That attention starts at the consultation. You leave the first meeting knowing how the best-interests factors map onto your facts, what a realistic schedule looks like for your family, and what the next three moves are. Consultations are free, at any of our seven offices.
Checklist:
- Initial custody and parenting time petitions
- Custody inside a divorce
- Temporary orders and first appearances
- Attorney for the Child and forensic evaluation preparation
- Relocation cases, on both sides
- Modification and enforcement of existing orders
- Paternity-related custody for unmarried parents
Grandparents, Relatives, and Paternity
Custody is not only a two-parent fight. Grandparents can seek visitation by statute, a nonparent seeking custody must first prove extraordinary circumstances before best interests is even considered, and an unmarried father has no enforceable custody rights until paternity is legally established. We handle all three, and each is getting its own page as this section of the site builds out.
Each path has its own mechanics. Grandparent visitation turns heavily on the relationship the grandparent actually maintained with the child. Extraordinary circumstances for a nonparent means something serious: abandonment, surrender, or an extended disruption of the parent’s custody. And paternity is established either by an acknowledgment signed at the hospital or by a Family Court petition with DNA testing when parentage is disputed.
Changing or Enforcing an Order
Orders get modified when circumstances substantially change, and relocation cases, one parent seeking to move with the child, turn on the move’s real impact on the child’s life and relationships. When a parent simply ignores the order, enforcement and violation proceedings put teeth back into it.
Substantial change means real change: a parent relocating, a schedule the child has outgrown, a safety concern that did not exist before. Relocation cases weigh the reasons for the move, its effect on the child’s relationship with the other parent, and whether that relationship can realistically survive the distance. And a violation petition can bring make-up parenting time, counsel fees, and contempt findings when an order is treated as optional.
Joint or Sole, Side by Side
| Joint custody | Sole custody | |
| Major decisions | Made by both parents together | Made by one parent |
| Where the child lives | One home is still designated primary | With the custodial parent |
| The other parent’s time | A parenting schedule both follow | Parenting time, set by agreement or the court |
| When courts order it | Parents who can communicate and cooperate | When cooperation has broken down or safety requires it |
Custody and Child Support Together
The parenting schedule and the money are connected: the custodial parent receives child support from the noncustodial parent under the state formula, so how the schedule is structured shapes the support case that follows. The two timelines also differ, a detail that surprises almost everyone: custody orders run until the child turns 18, while child support continues to 21.
The formula applies a set percentage to combined parental income, 17 percent for one child, 25 for two, 29 for three, 31 for four, and at least 35 for five or more, on income up to $193,000 as of March 1, 2026, with add-ons for health insurance, child care, and certain educational costs. In a true equal-time schedule, courts generally treat the higher earner as the noncustodial parent for support purposes, one more reason the parenting plan and the support case should be negotiated with each other in view.
Answers for Long Island families
What is the difference between joint and sole custody?
Joint custody means both parents share major decisions, though one home is still designated the child's primary residence. Sole custody puts both decision-making and residence with one parent, with the other typically receiving parenting time. Courts favor joint arrangements where parents can actually cooperate, and sole where cooperation has broken down or safety requires it.
At what age can my child choose which parent to live with?
There is no set age in New York. A child's preference is one factor, weighed more heavily with age and maturity, but it never controls the outcome by itself. Judges hear it privately through a Lincoln hearing rather than putting the child on a witness stand.
Do mothers automatically get custody?
No. New York law is explicitly gender-neutral, and judges are barred from preferring either parent because of it. What moves cases is caregiving history: the parent who has actually handled the meals, homework, doctors, and daily logistics starts with the stronger facts, whichever parent that is.
Is 50/50 custody automatic in New York?
No. New York has no presumption of equal time; the schedule is built case by case around the child's best interests, school, and the practical distance between homes. Equal or near-equal schedules are granted regularly when the logistics genuinely support them.
How long does a custody case take?
A case that settles into a parenting plan can finish in a few months. A contested case with an Attorney for the Child and a forensic evaluation commonly runs many months to more than a year, and the temporary orders control family life in the meantime. Settling even part of the schedule early shortens everything.
We were never married. Does that change anything?
The standard is the same, but an unmarried father must establish paternity before he can enforce any custody or parenting time rights. Once parentage is legal, both parents stand equal before the court. Mothers in this situation often file for custody and support in the same Family Court visit.
Can a custody order be changed later?
Yes, when there has been a substantial change in circumstances since the order: a move, a schedule that no longer fits the child's life, or a safety concern. The parent seeking the change carries the burden of proving it serves the child's best interests.
Does custody affect child support?
Directly. The noncustodial parent pays support to the custodial parent under the state formula, so the residential schedule determines who pays. Custody orders end at 18, but support continues to 21; our child support page covers how the numbers work.
Will my child have to testify in court?
No. New York judges take a child's perspective through a Lincoln hearing, a private conversation in chambers with the child's own attorney present and both parents excluded. Children are not put in open court and are never asked to choose between parents publicly.
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