New York Child Custody
Protecting families and their children for 30+ years in New York City.
What you need to know about Child Custody in New York
Types of Child Custody
You can have joint, shared, legal, physical, or sole custody. The type of custody awarded will be decided in the child's best interest. We can help set your expectations for success.
Modification
Circumstances can change at any moment and so can a parenting plan. If you have an existing parenting plan that requires modification, our attorneys can help.
Hiring a Child Custody Attorney
You want just as much time with your children as your spouse does. It is our mission to safeguard your parenting time with your children and secure your future.
How is Child Custody Determined in New York?
When a child custody case is bought to the court, the court will try to accommodate the best interest of the child and choose the environment that offers the most stability.
- The child’s age, sex, and mental and physical health and wellbeing
- The parent’s lifestyle & Mental and Physical Health
- The relationship and emotional bond between the parent and child
- The parent’s ability to provide the child with food, shelter, clothing, and medical care
- The child’s regular routine & school education
- The child’s preference, if the child is above a certain age (this is usually around age 12)
- The ability and willingness of the parent to encourage communication on parenting for both parties.
Our experienced team of family law attorneys knows how contentious child custody cases can be. We also know that the best solution is usually a decision that is agreed upon by both parents and the child. By providing you with up-to-date legal knowledge and the best advice possible, your lawyer at Brian D. Perskin & Associates can make the custody decisions much easier for you and your family.
Child Custody Laws in New York
In the state of New York Custody is broken into two parts, legal custody, and physical custody. Both are determined based on the best interest of the child.
Legal Custody: allows the parent to make important decisions such as medical decisions and religious decisions on behalf of the child.
Physical Custody: determines which parent the child will reside with and they are responsible for the child’s physical care and supervision. If joint physical custody is awarded the child will live with each parent for an equal amount of time. If sole physical custody is awarded the child will live with that parent more than 50% of the time and the noncustodial parent will have set visitation time with the child.
Frequently Asked Questions
There are five types of child custody in New York; joint, shared, legal, physical, or sole custody. Learn More
The custodial parent has primary physical custody and the non-custodial parent doesn’t have primary physical custody, but can still have legal custody. Learn More
Child custody cases are determined based on what the courts deem is in the best interests of the child. Learn More