Child Custody & Visitation
Protecting the Best Interests of Your Child
Disputes involving child custody and visitation can be among the most emotionally challenging issues in family law. These cases affect not only the parents involved but also the stability and well-being of the children at the center of the matter.
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New York courts make custody decisions based on the best interests of the child, taking into account a variety of factors related to the child’s safety, stability, and overall welfare. Our office represents parents in custody and visitation matters, helping them navigate the legal process while advocating for arrangements that support their child’s well-being and protect their parental rights.
Understanding Child Custody in New York
Child custody matters are typically addressed in either Family Court or as part of a divorce proceeding in the Supreme Court. Custody arrangements determine how major decisions affecting a child will be made and where the child will primarily reside. There are two primary forms of custody recognized under New York law.
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Legal Custody
Legal custody refers to a parent’s authority to make important decisions about a child’s upbringing, including matters related to education, healthcare, and religious upbringing.
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Physical Custody
Physical custody refers to where the child lives on a day-to-day basis. In some cases, one parent may have primary physical custody while the other parent is granted visitation or parenting time.
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Courts may award sole custody to one parent or joint custody where both parents share decision-making responsibilities.
When one parent has primary physical custody, the other parent is typically granted visitation, also referred to as parenting time. Visitation schedules are designed to maintain meaningful relationships between children and both parents whenever possible.
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Parenting schedules may vary depending on the circumstances of each family, but they often include arrangements for:
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regular weekly parenting time
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holidays and school breaks
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vacations and special occasions
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transportation and exchange logistics
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The goal of visitation arrangements is to create a schedule that provides consistency and stability for the child while allowing both parents to remain actively involved in the child’s life.
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When determining custody and visitation arrangements, courts evaluate a number of factors to determine what will serve the best interests of the child. These considerations may include:
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the stability of each parent’s home environment
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each parent’s ability to provide for the child’s needs
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the existing relationship between the child and each parent
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each parent’s willingness to support the child’s relationship with the other parent
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the child’s educational and emotional needs
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any history of domestic violence or neglect
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Because every family situation is unique, custody determinations are highly fact-specific and require careful legal evaluation.
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Custody and visitation arrangements may sometimes need to be modified after an order has been issued. Changes in a parent’s circumstances, relocation, or evolving needs of the child may warrant revisiting an existing order.
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In order to modify a custody or visitation order, a party generally must demonstrate that a substantial change in circumstances has occurred and that the proposed modification would be in the best interests of the child.
What to Expect
Child custody matters often involve court filings, conferences, and sometimes hearings to determine the appropriate arrangement. In many cases, the court may appoint an Attorney for the Child or request additional evaluations to assist in determining the best outcome.
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Our office assists clients by:
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explaining their legal rights and options
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preparing necessary petitions and documentation
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representing them in negotiations and court proceedings
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advocating for custody and parenting arrangements that support the best interests of their children
Schedule a Consultation
If you would like to discuss your legal matter, contact our office to schedule a confidential consultation. We are prepared to help you evaluate your options and determine the best course of action.
FAQ's
What does a New York family law attorney handle?
A New York family law attorney assists with legal matters such as divorce, separation, child custody and visitation, child support, spousal maintenance, adoption, paternity, neglect, and family offense proceedings.
How does New York determine child custody?
New York courts decide custody based on the best interests of the child, considering factors such as each parent’s caregiving ability, stability, and the child’s existing routines and relationships.
What types of child custody are recognized in New York?
New York recognizes legal custody (decision-making authority) and physical custody (where the child lives). Custody may be joint, shared or sole, depending on the circumstances.
How is child support calculated in New York?
Child support is calculated using New York’s Child Support Standards Act (CSSA), which considers both parents’ income, the number of children, and certain statutory adjustments.
Can child support or custody orders be changed in New York?
Yes. Modifications may be granted if there has been a substantial change in circumstances, such as a significant change in income or the child’s needs.
What is spousal maintenance in New York?
Spousal maintenance is financial support paid by one spouse to the other during or after a divorce. New York uses statutory guidelines to determine temporary and post-divorce maintenance.
Can grandparents seek visitation rights in New York?
Yes. New York law allows grandparents to petition for visitation under certain limited circumstances, but the court will prioritize the child’s best interests.
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What should I bring to my first family law consultation?
You should bring relevant financial documents, court orders, agreements, and any paperwork or information related to your family law matter.
Are family law cases confidential in New York?
Family law attorneys must maintain client confidentiality. While some court filings are public, sensitive matters, especially involving children, are handled with care and discretion.