New York Child Custody Overview From NYC’s Top Custody Lawyer

There are five types of child custody in New York; sole physical custody, joint physical custody, sole legal custody, and joint legal custody. At Brian D. Perskin & Associates, our goal is to ensure you’re awarded with the type of custody you want, while also ensuring it matches the best interests of the child. 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

Yes. A spouse’s past behavior can play a significant role in child custody decisions, especially if it raises concerns about the child’s safety or well-being. Courts may review evidence such as a history of abuse, substance issues, criminal conduct, or neglect, and can impose restrictions like supervised visitation or limited parenting time if risks are identified. However, past issues do not automatically disqualify a parent. What matters most is whether those behaviors still present a concern and whether the parent can demonstrate meaningful, lasting change.

If your co-parent violates a summer custody agreement, you should start by documenting each incident, including missed exchanges, denied parenting time, or unauthorized travel. If appropriate, you may try to resolve the issue through clear communication. However, if violations continue, you can seek legal assistance to enforce the order, request makeup parenting time, or file a violation petition in family court. Courts take these breaches seriously and may impose penalties or modify custody arrangements to protect the child’s best interests.

Terminating parental rights in New York permanently ends the legal relationship between a parent and child, removing all rights to custody, visitation, and decision-making. Because this action is final and irreversible, courts require strict legal grounds such as abandonment, neglect, or abuse, and must find clear and convincing evidence that termination is in the child’s best interests. The process typically involves filing a petition, notifying the parent, presenting evidence at a court hearing, and receiving a final decision from the judge.

Mental health plays a significant role in child custody decisions because courts focus on the child’s best interests and overall well-being. Judges may consider each parent’s emotional stability, behavior, and ability to meet the child’s physical and emotional needs. However, having a mental health condition does not automatically disqualify a parent. The key factor is whether the condition is properly managed and whether the parent can provide a safe, stable, and supportive environment for the child.

In most New York child custody cases, each parent is responsible for paying their own attorney fees. However, the court has discretion to order one parent to contribute to the other’s legal costs, particularly when there is a significant difference in income or financial resources. The goal is to ensure that both parties have fair access to legal representation and that one parent is not disadvantaged in the case.

New York courts decide child custody based on the “best interests of the child” standard, evaluating a wide range of factors rather than relying on any single issue. These may include each parent’s ability to provide a stable home, their role as a primary caregiver, mental and physical health, history of abuse or substance use, willingness to support the child’s relationship with the other parent, and the child’s needs and preferences. The goal is to create an arrangement that promotes the child’s safety, stability, and overall well-being.