How does child custody work in New York divorces?
Key Takeaways
- Custody in New York is based on the best interest of the child.
- Courts consider a number of factors when determining what constitutes best interest.
In New York, custody decisions are made based on the best interests of the child, without regard to either parent’s gender.
New York courts consider a series of factors when deciding child custody matters. In every case, the biggest factor is the best interest of the child. Therefore, courts frequently consider factors such as:
- The child’s relationship with each parent
- The physical and emotional well-being of each parent
- Past involvement of each parent in the child’s life
- The ability of each parent to provide a safe and stable environment for the child
- Whether there is any history of domestic violence or substance abuse on the part of either parent
- The work schedules and childcare arrangements available to each parent
- The preferences of the child, depending on their age and maturity level
- Witness statements or affidavits from individuals who may attest to the positive relationship between the parent and their child
- Financial statements that confirm the parent’s ability to adequately provide for their child
- Reports from mental health professionals, child psychologists or other experts who may recommend and testify to the benefits of 50/50 custody
Get the right lawyer for your divorce
Schedule a free 15-min call with our team today
Get started
Even though there's no presumption explicitly stated in NY law that joint custody is in the best interest of the child, it is often adopted by courts as a starting point that then needs to be rebutted
Physical vs. legal custody
There are two types of custody in New York: physical and legal.
- Physical custody refers to the physical care and supervision of a child and frequently refers to where the child resides. A parent with physical custody of their child is typically responsible for providing day-to-day care.
- Legal custody refers to a parent’s authority to make important decisions regarding the child’s upbringing. The decision-making authority over the child includes healthcare, education, religious upbringing and general well-being.
Quality legal help for life’s ups and downs
Get started right away
Disclaimer
Attorney Advertising. Prior results do not guarantee a similar outcome. The individuals represented in photographs on this website may not be attorneys or clients, and could be fictional portrayals by actors or models. This website and its content (“Site”) are intended for general informational purposes only. It does not constitute legal advice and is no substitute for consulting a licensed attorney. Only an attorney can provide you with legal advice, only after considering your specific facts and circumstances. You should not act on any information on the Site without first seeking the advice of an attorney. Submitting information via any of the forms on the Site does not create an attorney-client relationship and no such communication will be treated as confidential. Marble accepts clients for its practice areas within the states in which it operates and does not seek to represent clients in jurisdictions where doing so would be unauthorized.
Quality legal care for life’s ups and downs
Our services
Client support
Disclaimer
Legal information