Custody Determinations

In New York, child custody is determined based on the “best interests of the child” standard. There are two main types of custody: legal custody (decision-making authority) and physical custody (where the child lives). Parents may share joint custody or one parent may be granted sole custody, depending on the circumstances. Courts consider factors like each parent's ability to care for the child, the child's needs, and any history of abuse or neglect.

A child’s preference may be considered if the child is mature enough to express a reasoned opinion. Non-custodial parents are typically granted visitation rights to maintain a relationship with the child. Custody orders can be modified if there’s a significant change in circumstances. Because of the legal complexities involved, parents are strongly encouraged to work with an experienced family law attorney.