Knowledge is power, especially when it comes to divorce and child custody in New York. Understanding the basics can help you make smarter decisions and avoid unnecessary setbacks. Should you move forward with ending your marriage or consider another option? What exactly does legal custody mean, and who gets it?
Think of this as your crash course in New York family law. It’s everything you need to get up to speed and move forward with clarity.
Types of Divorce in New York
Every family’s situation is different. Each case is shaped by your unique circumstances, your relationship dynamics, and your long-term goals. In New York, there are a few common ways divorce cases are handled.
Uncontested Divorce
When both spouses agree on key issues, such as property division, spousal support, child custody, and child support, the process can move forward as an uncontested divorce. These cases are typically faster and more cost-effective, with less court involvement and emotional strain.
For a full overview of the process, visit our Uncontested Divorce page.
Contested Divorce
When couples are unable to agree on one or more significant issues, the case becomes contested. These matters may require multiple hearings, formal negotiations, or even trial. Having a strong legal strategy helps you stay prepared and focused throughout the process.
Learn more about what to expect on our Contested Divorce page.
Divorce Mediation
Mediation gives couples the opportunity to resolve disputes privately with the guidance of a neutral third party. It is a more cooperative alternative to litigation, allowing both parties to retain more control over the outcome. This can be especially helpful when preserving a working co-parenting relationship is a priority.
Find out if mediation is right for you on our Mediation page.
High-Net-Worth Divorce
When significant wealth is involved, the legal and financial considerations become more complex. These matters often include business ownership, real estate, and substantial investment portfolios. Our team at Brian D. Perskin & Associates has extensive experience handling high-net-worth cases in Manhattan, Brooklyn, and throughout New York.
Explore how we handle these complex cases on our High Net Worth Divorce page.
What is Legal Separation?
Not every couple is ready to fully end their marriage. Some choose legal separation as an alternative. It allows spouses to live separately, while remaining legally married. Separation agreements typically cover the same issues, including child custody, support, and asset division, but without officially ending the marriage. It can be used as a temporary arrangement or a long-term solution for those with religious, financial, or personal reasons to remain legally married.
Want a deeper look at how to strengthen your case? Our free ebook, Winning Divorce Strategies,” breaks down everything you need to know to prepare for a successful outcome.
Understanding Child Custody in New York
If children are involved, child custody becomes one of the most important aspects of any case. Courts in New York focus on what serves the best interests of the child, taking into account each parent’s ability to provide a stable, safe, and supportive environment.
Types of Child Custody
There are two main forms of child custody in New York:
- Physical Custody: Determines where the child lives. The parent with physical custody is often called the “custodial parent.”
- Legal Custody: Refers to the right to make important decisions for the child, including education, medical care, and religious upbringing.
While joint custody is often the court’s preference, keep in mind that various arrangements are possible. This includes sole physical custody, where one parent is the custodial parent and the other has visitation rights with the child, or sole legal custody, where one parent has full decision-making authority. Each parenting plan is shaped by the child’s needs, as well as the parents’ ability to communicate and cooperate.
Child Support in New York
Child support plays a key role in providing for a child’s day-to-day needs. In New York, support is typically paid by the non-custodial parent and continues until the child turns 21, unless they are emancipated earlier. Payments are calculated based on a variety of factors, including:
- Both parents’ income
- Additional expenses like daycare, education, and medical care
- The number of children involved
- The amount of time each parent spends with the child
Even if you and your co-parent agree on support, it’s still important to have a legally binding order in place. This ensures accountability and protects your child’s financial future.
Modifying Custody Orders
Family situations evolve, and court orders sometimes need to change, too. If a parent moves, a child’s needs shift, or financial circumstances change, it may be necessary to modify a custody or support order. New York courts require a substantial change in circumstances to approve any modification. Our attorneys can help you build a compelling case to support that request.
For more guidance on how custody decisions are made and how to create a parenting plan that works, download our free ebook, The Ultimate Guide to Child Custody.
Your Partner in Divorce and Child Custody in New York
At Brian D. Perskin & Associates, we understand how closely divorce and child custody are connected. Every decision about your finances, living arrangements, and parenting responsibilities affects your family’s future. Our team brings decades of combined experience and has helped thousands of New Yorkers navigate these life-changing moments with clarity and confidence.
We offer customized legal strategies, strong courtroom advocacy when needed, and ongoing support throughout your case. Whether your situation is straightforward or complex, we’re here to protect what matters most: your future, your family, and your peace of mind.
Call 718-875-7584 or fill out our contact form to schedule your free consultation.