Yes. There is no age limit to filing a paternity petition in New York. If paternity was never legally established, you may have no enforceable rights—regardless of biology or involvement. Suffolk County Family Court handles these cases regularly, even years later.
Contact Steven Zalewski, Esq. for guidance.

‍

Yes. If a child is at immediate risk—substance abuse, unsafe supervision, sudden refusal to return the child—you can file an emergency application (an Order to Show Cause) even during holiday weeks. Suffolk County Family Court regularly hears urgent matters because kids can’t wait for the calendar to settle down. The key is showing real, immediate harm, not just inconvenience.
Contact Steven Zalewski, Esq. for guidance.

‍

People often ask me: “Will I go to jail?” If you violate a court order in any kind of case, the court can hold you in contempt, and yes, that can result in jail.

But the basic child support proceedings themselves do not automatically involve jail. Here’s how it works in New York:

• Child support is calculated by formula and is basically based on income.
• The main deduction from income is usually other child support obligations.

There is a specific proceeding called a willful violation proceeding in child support. That’s where:

• You’ve been ordered to pay a certain amount of support and
• You don’t pay, and
• It is shown that your failure to pay is willful.

In that situation, the court does have the option to put you in jail.

I’ve probably handled around five thousand of these cases. Generally, people do not end up in jail because, when it becomes serious, they pay. You have an obligation to pay child support whether you see your child or not.

A big mistake people make is this: they get served with papers, their income has changed, but they don’t file a modification petition. The case goes on for months—sometimes close to a year—and then they want to modify the order. The problem is the court usually does not go back to the first day; you may be stuck owing months or even years of support you truly couldn’t afford.

Also, if you decide to stop working just to avoid paying child support, you are very likely to go to jail. You’re expected to work and meet your obligation.
If you’re disabled and that has been legally recognized, or if you’re already in jail, that’s a different situation: the child support order can be suspended or reduced, sometimes to as little as $25 a month.

‍

Yes — both custody and child support orders can be modified in Suffolk County Family Court if there’s been a substantial change in circumstances. For custody, that might mean a parent’s relocation, job loss, or change in the child’s needs. For support, it could be a shift in income or employment. The process starts with filing a modification petition.If your situation has changed, contact Steven Zalewski, Esq. in Islandia for help updating your Family Court order.

Yes. If you’ve had a substantial change—job loss, new needs for the child, a change in parenting time, safety concerns—you can file a modification petition in Suffolk County Family Court. Year-end is common for changes because school schedules, income, and family routines shift. Don’t wait; modifications only apply from the date you file.
Contact Steven Zalewski, Esq. for guidance.

‍

Yes. The calendar changing doesn’t matter to the court—what matters is whether there’s been a substantial change in circumstances affecting your child. In Suffolk County Family Court, January is often when parents finally act after months of stress. If schedules, sobriety, housing, or the child’s needs have shifted, you can file immediately in Islandia.
Contact Steven Zalewski, Esq. for guidance.

‍

There must be some type of family relationship, and that’s extremely important. For example: extended family like aunts, uncles, and cousins can qualify, and of course mothers and fathers (married or not) generally qualify.But boyfriends, girlfriends, or significant others usually do not, unless they cohabitate in some way. A common scenario is someone dated a person a couple of times and now wants an Order of Protection. Often, the police will direct them to Family Court, but once the judge asks about the relationship and hears it was only a couple of dates, the court may say it doesn’t qualify and they may need to pursue a different route (like going back to the District Attorney’s office). People can end up stuck in a loop and getting nowhere.

Yes—grandparents can request visitation, including holiday time, but they must first prove standing, meaning a substantial, existing relationship or extraordinary circumstances. Once standing is met, Suffolk County Family Court looks at the child’s best interests and the family dynamics. Holiday access is possible, but it must fit the child’s emotional needs and schedule.
Contact Steven Zalewski, Esq. for guidance.

‍

Yes, but it’s not automatic. Grandparents must show extraordinary circumstances—such as parental unfitness or disruption—and that custody serves the child’s best interests. In Suffolk County Family Court, timing matters less than proof. January filings are common when conditions worsened over the holidays.
Contact Steven Zalewski, Esq. for guidance.

‍

This is really a question about co-parenting—how two parents work together to raise their child.

You will always find people, including some lawyers, who say things like:
“He was 10 minutes late; don’t let him have the child today.”

That usually does not help your child, and it can backfire in court. If someone is chronically late, you have the right to go to court and ask to modify your agreement. But simply blocking parenting time over minor issues shows the court that you may not be able to co-parent.

Remember:

• A custody agreement or stipulation of settlement is a contract and a guideline, but it’s not a script for every real-life situation.
• If pickup is at 4:30 and the other parent calls and says, “There’s traffic, I’ll be there at 5:00,” the answer is not always to call your lawyer. Your lawyer will bill you and usually can’t fix a 30-minute delay.

On the other hand, agreements should address serious problems, such as:

• A parent showing up intoxicated,
• Being hours late on a regular basis,
• Bringing people around the child that the agreement forbids.

Those are custody issues that can end up back in court. But overall, courts expect parents to co-operate and not weaponize time with the child over every disagreement. Also, you are not the arbiter of how the other parent spends their time with the child, as long as what they’re doing is not dangerous. You may not like their choices, but that doesn’t always give you the right to stop their parenting time.

Yes. Parental rights can be permanently terminated through a Termination of Parental Rights (TPR) proceeding in Family Court. This usually happens when a parent has been found to have permanently neglected, abused, or abandoned a child. Once rights are terminated, adoption can follow. It’s one of the most serious actions a court can take.If you’re facing a TPR case in Suffolk County, call Steven Zalewski, Esq. immediately — experience matters when everything is on the line.

Treatment can help—or hurt—depending on timing and honesty. Suffolk County judges respect genuine efforts at sobriety, but they also look at history and consistency. Rehab doesn’t erase past issues, yet it can show accountability and change. The key is how it’s presented and documented.
Contact Steven Zalewski, Esq. for guidance.

‍

You must file a modification petition—the court does not adjust support automatically. In Suffolk County, support only changes from the date you file, not the date your income changed. Job loss, disability, or a significant income shift may qualify. Waiting costs money you may never recover.

Contact Steven Zalewski, Esq. for guidance.

‍

You can file immediately in Suffolk County Family Court if there’s a qualifying family or intimate relationship. Temporary Orders of Protection are often issued the same day in Islandia. Be specific, factual, and restrained—emotion alone isn’t enough. These orders are serious and enforceable.
Contact Steven Zalewski, Esq. for guidance.

‍

No parent can risk a child’s safety in dangerous weather. Suffolk County courts expect flexibility and common sense. If roads are unsafe, exchanges can be delayed, made at safer locations, or made up later. Neither parent gets to unilaterally cancel the visit “forever”—the change should be temporary and reasonable. Communication and documentation matter.
Contact Steven Zalewski, Esq. for guidance.

‍

After the holidays, CPS activity increases. Reports delayed during December often land in January. In Suffolk County, ACS/CPS moves fast once a report is made. They are not neutral—they’re protecting the agency. What you say early matters. Silence, panic, or oversharing can all hurt you.
Contact Steven Zalewski, Esq. for guidance.

‍

Suffolk County Family Court uses the best-interest standard: stability, past involvement, ability to co-parent, and what arrangement minimizes conflict for the child. Courts usually alternate major holidays or divide breaks to keep things fair. A parent who consistently supports the child’s relationship with the other parent is often favored for flexible scheduling.
Contact Steven Zalewski, Esq. for guidance.

‍

In some parts of the state it’s handled in two stages (a finding and then a disposition), but in many places it’s handled in one. The disposition can range from an Extreme Order of Protection for up to five years to a Limited Order of Protection that could end in 30 days.

The seriousness of the case usually determines that. These cases also require actual knowledge of facts—not “someone told me.” And if you’re seeking an Order of Protection for a child, a child’s statements alone may be insufficient for the court to issue an Order of Protection.

In New York Family Court, an Order of Protection can last up to two years, or up to five years in serious cases involving injury, weapons, or repeated violations. Temporary orders may be issued right away and stay in effect until your next court date. Orders can include “stay-away” or “refrain-from” terms.If you need protection — or were served with an order — contact Steven Zalewski, Esq. in Suffolk County for immediate guidance.

No—you do not have to let CPS into your Suffolk County home without a court order. Be respectful, get their card, and tell them you’ll speak with an attorney before answering questions. Holidays don’t lessen your rights. CPS often moves quickly, and their priority is protecting themselves and the agency, not you. Protect yourself by slowing the process down appropriately.
Contact Steven Zalewski, Esq. for guidance.

‍

Grandparent rights are not automatic in the way that parental custody rights are.

Grandparents can’t simply say, “We want visitation,” and automatically get it. Their rights are largely dependent on the parents’ arrangement, unless the grandparents can show a substantial, ongoing relationship with the child.

For example:

• If mom and dad live with grandma and grandpa, and the grandparents care for the child every day for five years, that can create a strong basis for grandparent visitation rights once the parents move out.
• But if the family lives with grandparents for only six months and then leaves, that usually does not create a legal right to visitation.

I see many cases where grandparents hire lawyers who promise them everything, and those cases get dismissed on motion because there isn’t enough of a substantial relationship under the law. Without that significant, long-term involvement, grandparents generally have no standing to demand visitation over the parents’ objection.

Trial work is an art. You have to know what you’re doing, and there are serious consequences. That’s why people should ask lawyers directly about their real trial experience. Saying “I have 40 years of experience” isn’t the same as being able to explain how many of those years were in family law and how many cases the lawyer has actually tried.

Under an N-Docket, custody is given to the person who takes the child—this is called N-Docket Custody. If a neglect case is brought against the father and not the mother, the mother becomes a non-respondent, meaning she becomes the custodial parent but is not the responsible party in the case.
To regain visitation rights (or to be able to live with your children again), the court usually gives you a list of things you must complete. These commonly include drug and alcohol-related requirements, parenting classes, domestic violence classes, and mental health services.

If CPS threatens removal, remember: they need court authorization unless there’s an immediate danger. You have the right to an attorney at the first appearance and the right to challenge their claims. Holiday timing doesn’t reduce your rights—if anything, it increases confusion and fear, which CPS sometimes relies on. Get representation immediately to protect your family.
Contact Steven Zalewski, Esq. for guidance.

‍

In New York, grandparents can only seek custody if they prove “extraordinary circumstances.” This means the parents are unfit or unable to care for the child — for example, due to abuse, neglect, substance abuse, incarceration, or abandonment. Once that’s shown, the court decides custody based on the child’s best interests. In Suffolk County Family Court, these cases are handled with great care.If you’re a grandparent seeking custody in Commack or Islandia, call Steven Zalewski, Esq. to discuss your options.

In winter, neglect findings often involve leaving children alone, failing to provide safe heat, improper clothing, exposure to dangerous conditions, or impairment due to drugs or alcohol. Suffolk County CPS looks at risk, not intent. Even a short lapse—like leaving a child alone while warming up the car—can trigger an Article 10 case. Context matters, and these cases move quickly.
Contact Steven Zalewski, Esq. for guidance.

‍

First, understand residential custody. That’s the primary place where the child lives. It’s tied very strongly to child support: the non-residential parent pays child support to the residential parent.

There are a few key concepts:

• Sole custody: One parent has the exclusive right to make major decisions for the child (always subject to the child’s best interests). That parent can move to another state, change schools, change the child’s name, and make major decisions about education, health, and welfare—so long as it isn’t harmful.
• Joint custody: People think this means equal time or “togetherness,” but legally it primarily means you have a right to information. You have the right to know about the child’s health, safety, welfare, education, medical care, and religion.
• Final decision-making: This is the part many lawyers gloss over. It answers the question: Who makes the major decisions for the child?
  Major decisions include health, education, welfare, even things like college or an IEP (Individualized Education Plan) in school.

For example, if one parent has final decision-making, that parent could attend an IEP meeting, agree to special services and medication, and not tell the other parent ahead of time. The other parent isn’t excluded forever, but now they’re playing catch-up in court, trying to undo a decision that’s already been made.

A better approach is often a joint custody arrangement with a clear decision-making clause, stating that:

• Each parent will be notified of all major decisions,
• Both parents will attend key appointments/meetings when possible, and
• Sometimes, there’s an expert clause: both parents agree to listen to a neutral expert and follow that expert’s advice.

False neglect allegations happen more often than people think — especially during custody disputes. If you’re accused in Suffolk County Family Court, take it seriously but don’t panic. Gather witnesses, documents, and any proof that disputes the claim. Never ignore court notices or speak to CPS without counsel. The truth matters, but how you respond matters even more.If you’re facing false neglect allegations, call Steven Zalewski, Esq. in Islandia — he’ll make sure your voice is heard.

False allegations around holidays are sadly common. The court looks closely at timing, credibility, and whether the claim was made to block visitation. If allegations are proven false or manipulative, it can backfire—affecting custody and parenting-time decisions. Preserve texts, emails, and witnesses immediately. React calmly; overreaction harms your case.
Contact Steven Zalewski, Esq. for guidance.

‍

Holiday interference is taken seriously in Long Island Family Court. Denying court-ordered visitation—even “just once”—can support an enforcement petition and sometimes makeup parenting time. Judges in Suffolk County look closely at patterns, not excuses. Document what happened, stay calm, and act promptly. Waiting too long weakens your position.
Contact Steven Zalewski, Esq. for guidance.

‍

When a neglect petition is filed in Suffolk County Family Court, it means Child Protective Services believes a child has been harmed or is at risk. The court holds an initial appearance where parents are informed of the allegations and their rights. The next steps may include temporary custody orders or supervised visits. These cases are serious — and can move fast. Contact Steve Zalewski in Islandia to protect your rights and your family from the start.

A P-Docket is a child support proceeding used to establish paternity.

In New York, simply saying “this is my child” is not enough to make you a legal parent. I see this issue all the time. Two people have a child together, but:

• The parent is not on the birth certificate,
• They haven’t signed an Acknowledgment of Paternity, and
• There has been no DNA test.

They might live together for five years, raise the child, and then one parent leaves and takes the child. The other person says, “But that’s my child.” Under New York law, without the proper steps, it may not be your child legally. There is no common-law parentage here.

To protect your rights, it’s essential to establish legal parentage, which can include:

• Being properly listed on the birth certificate and
• Signing an Acknowledgment of Paternity, or
• Bringing a P-Docket proceeding to get a court order that you are the parent.

There’s also an area of law called Estoppel, where someone has been treated as the parent for a long period of time and later it turns out they’re not the biological parent. New York does not “bastardize” children—meaning it does not erase their legal parentage just because biology later says otherwise. You can be required to pay child support for a child who is not biologically yours if you held yourself out as that child’s parent.

A V-Docket relates to custody and visitation.

Before you can fight for custody, you must establish that you are a parent. That usually means having one of the following:

• A DNA test and an order of affiliation;
• A birth certificate plus a properly signed Acknowledgment of Paternity; or
• Some other legal recognition that you are the parent.

Here’s a common scenario: a couple has children, they’re not married, they break up, and one parent moves out with the kids. The other parent wants to see the children. In New York, that parent files something called a V-Docket:

• A visitation V-Docket says: “I want to see my child. Here is the proof that this is my child, and the other parent is not letting me.”
• A custody V-Docket is a petition asking the court to decide who should have custody.

Custody is based on the best interests of the child. In real terms, that means the court looks at:

• Who primarily cares for the child,
• Who supports the child,
• Who interacts and spends time with the child,
• Who knows about the child’s school, doctors, friends, and day-to-day life.

If you want to be a parent in the eyes of the court and fight for parentage or custody, you need to be actively involved and know these things. Saying “I don’t know because the other parent never told me” is usually not a convincing excuse.

O-dockets are not criminal (and I want to repeat that because people often think they are). They’re designed for people who have a family relationship and they are meant to place a restriction on behavior. In plain terms, an Order of Protection can stop you from calling someone, going on their social media pages, posting about them online, going to their home, going to a child’s school, going to their doctor, or getting involved in any way. That’s called a “Stay Away Order of Protection.”There’s also a “Refrain From Order of Protection.” A Refrain From order means you can’t harass, annoy, or alarm the other person, but you may still be able to communicate with them or see them. These often come up when people work in the same building and it would be impossible to completely stay away.

‍Equitable estoppel means a person who has acted as a parent can’t later deny paternity simply because DNA results say otherwise. New York courts focus on the child’s best interests—protecting emotional stability over biology. If a child sees someone as their parent, the law often holds that bond sacred. It’s not about punishment—it’s about continuity, care, and responsibility.

‍Contact Steven Zalewski, Esq. for guidance. Call 516-660-4354

“Derivative neglect” means that a parent’s prior neglect of one child may be used as evidence of potential neglect toward another. For example, if a court found neglect involving an older child, CPS might file a new case for a younger sibling even without direct harm. Suffolk County Family Court looks at patterns of behavior and safety risks. Call Steven Zalewski, Esq. in Islandia to discuss how to defend against a derivative neglect claim.

If Child Protective Services (CPS) shows up at your Suffolk County home, stay calm and remember — you have rights. You don’t have to let them in unless they have a court order or a police officer with them. Be polite, but don’t volunteer information without speaking to an attorney first. CPS visits can have serious consequences, so call an experienced family law attorney in Islandia or Commack right away for guidance.If CPS contacts you, call Steve Zalewski, Esq. for immediate advice before you speak to anyone else.

When a parent ignores a holiday schedule, don’t retaliate. Document exactly what happened and stay calm. Suffolk County Family Court takes violations seriously, because consistency matters for children. You can file a violation petition and ask the court to enforce or clarify the order. Judges look closely at patterns of non-compliance—especially around holidays.
Contact Steven Zalewski, Esq. for guidance.

‍

That’s a common custody violation. In Suffolk County, legal custody includes access to school and medical information. If requests are ignored, an enforcement or modification petition may be necessary. Courts expect parents to co-parent—not gatekeep. Start documenting now.
Contact Steven Zalewski, Esq. for guidance.

‍

January calendars in Suffolk County Family Court are busy. Your first appearance is usually procedural: the judge confirms filings, assigns attorneys if needed, and sets the path forward. Don’t expect final decisions that day. What matters is how you present yourself—calm, prepared, and focused on the child, not the conflict.
Contact Steven Zalewski, Esq. for guidance.

‍

In New York, CPS (Child Protective Services) handles child neglect and abuse cases outside New York City, including Suffolk County. ACS (Administration for Children’s Services) does the same work within New York City’s five boroughs. Both investigate allegations involving children’s safety, but the process and local courts differ. On Long Island, CPS reports go through Suffolk County Family Court.

‍If CPS has contacted you in Suffolk County, call Steven Zalewski, Esq. in Islandia before speaking to an investigator.

I’m Steven Zalewski. I’ve been an attorney for about 40 years and I’ve practiced in most areas of the law. My background includes criminal law, but for many years my primary focus has been family law.

I do this work because it has a direct impact on people’s lives. I’m very good at what I do, and I handle both private cases and public-sector cases, because I believe everyone is entitled to an attorney in family court who knows what they’re doing and knows how to be successful.

Family court cases have an element that no other cases have: human life. Parents, children, and grandchildren are all involved in the process, and the decisions made in family court shape their lives in very real ways.

If you’re with me, you will be heard. Your words will be heard by me, and I will take the time to understand how you feel.

That doesn’t mean you’re always right, and I’m never going to lie to you just to make you feel better. I don’t sugarcoat reality. What I do is guide you, tell you the truth about your situation, and help you move toward where you want to go in the legal process.