Physical Custody Lawyer Nassau County

Law Offices Of SRIS, P.C. represents parents throughout Nassau County, New York in physical custody matters, whether the case arises within a pending divorce or as a standalone Family Court proceeding. Physical custody determines where a child primarily lives and how parenting time is structured, and New York courts decide these questions under a single governing standard rather than a fixed formula. Depending on how a case reaches court, a Nassau County physical custody dispute may be heard in Nassau County Family Court or, when custody is addressed as part of a divorce action, in Nassau County Supreme Court. The firm’s intake line is staffed 24/7, and prospective clients may call (888) 437-7747 to request a scheduled consultation. The firm does not offer free consultations and does not guarantee any particular outcome in any custody matter.

On this page

The Best Interests Standard for Physical Custody

New York Domestic Relations Law § 240(1)(a) directs courts to award custody “as, in the court’s discretion, justice requires,” with regard to the best interests of the child, and the statute makes clear that no parent has a prima facie right to custody based on status alone. Courts applying this standard weigh a range of circumstances relevant to a child’s welfare, and the analysis is inherently fact-specific rather than governed by a rigid checklist. It is worth noting that DRL § 240 does not itself set out a relocation standard; the rules New York courts apply when a custodial parent seeks to relocate with a child come from case law rather than this statute. Parents considering a relocation as part of a broader custody matter should understand that this is a judicially developed area of law, not a statutory one.

Family Court’s Jurisdiction Over Custody Petitions

Family Court Act § 651 gives Family Court jurisdiction to hear custody and visitation petitions, and it applies the same best-interests standard found in DRL § 240(1)(a) rather than establishing a separate substantive test. A Nassau County parent who is not part of a pending divorce action can generally bring a custody petition in Nassau County Family Court under FCA § 651. When custody is raised as part of a divorce, the matter proceeds instead in New York Supreme Court, and for Nassau County that means Nassau County Supreme Court at 100 Supreme Court Drive, Mineola, New York 11501, part of the state’s 10th Judicial District. Knowing which court has the matter, and why, affects scheduling, procedure, and how the case interacts with any related family offense or support proceeding.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., which was founded in 1997. He is a former prosecutor and is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems. Mr. Sris and the firm’s Of Counsel attorneys represent Nassau County clients in physical custody matters under DRL § 240(1)(a) and FCA § 651, in both Family Court and Supreme Court settings.

The firm’s principal office is located in Fairfax, Virginia, and the firm does not maintain a physical location in Nassau County. Meetings are by appointment, and the firm’s intake line is staffed 24/7 so prospective clients can request a scheduled consultation by calling (888) 437-7747. The firm does not offer free consultations, and no outcome in a custody matter can be guaranteed.

Frequently Asked Questions

What standard do New York courts use to decide physical custody?

Courts apply the best-interests-of-the-child standard set out in Domestic Relations Law § 240(1)(a), which directs the court to award custody as justice requires with regard to the child’s best interests. No parent has an automatic right to custody.

Where is a physical custody case filed in Nassau County?

A standalone custody petition is generally filed in Nassau County Family Court under Family Court Act § 651. When custody is part of a divorce action, it is addressed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501.

Does New York law set out specific factors for relocation cases?

No. Domestic Relations Law § 240 does not contain a relocation standard. Relocation determinations in New York are governed by case law rather than a specific statute.

Can physical custody be decided in Family Court instead of Supreme Court?

Yes. Family Court Act § 651 gives Family Court jurisdiction over custody and visitation petitions, applying the same best-interests standard found in DRL § 240(1)(a), when the matter is not being addressed as part of a pending divorce action.

Does one parent automatically get preference in a custody case?

No. DRL § 240(1)(a) specifically provides that no parent has a prima facie right to custody; the court’s decision is based on the best interests of the child under the circumstances presented.

Does the firm offer a free consultation for custody matters?

No. Law Offices Of SRIS, P.C. does not offer free consultations. Prospective clients can call (888) 437-7747 to request a scheduled consultation.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.