Skip to main content

Child Custody


Child custody is typically determined based on the best interests of the child. When parents are unable to agree on a custody arrangement, the court will make the decision based upon the child’s well-being.

Types of Custody:

  1. Legal Custody: The right to make important decisions regarding the child, such as education, healthcare, and religious matters.
  2. Physical Custody: Where the child physically lives.

Factors Considered by the Court:

  1. Child’s Best Interests: The primary consideration is the child’s physical and emotional well-being.
  2. Parents’ Ability to Provide a Stable Home Environment: The court evaluates the living conditions, stability, and overall environment each parent can provide for the child.
  3. Parents’ Willingness to Foster a Relationship with the Other Parent: Courts favor parents who support and encourage the child’s relationship with the other parent.
  4. Mental and Physical Health of All Parties Involved: The mental and physical health of each parent is taken into account.
  5. Child’s Preference: The court may consider the child’s preference, especially if the child is of a sufficient age and maturity to express a reasonable opinion.
  6. Existing Sibling Relationships: The court typically prefers to keep siblings together.
  7. History of Abuse or Neglect: Any history of abuse or neglect by either parent can significantly impact custody decisions.

Types of Custody Arrangements:

  1. Sole Custody: One parent has both legal and physical custody of the child, while the other parent may have visitation rights.
  2. Joint Legal Custody: Both parents share decision-making authority for the child.
  3. Joint Physical Custody: The child spends substantial time living with each parent.
  4. Nesting: The child remains in one home, and the parents take turns living in that home with the child.

Modifying Custody Orders:

Custody orders can be modified if a parent can show a significant change in circumstances, such as a parent relocating, changes in the child’s needs, or concerns about the child’s safety.

Child custody decisions in New York are guided by the best interests of the child. Understanding the factors considered by the court and seeking professional legal advice can help parents navigate the complexities of child custody proceedings and work towards an arrangement that prioritizes the child’s well-being.

- Natasha

- Christopher

-Samantha