Types of Child Custody in New York
Understand what the different types of child custody agreements are in New York. Hire our Top Brooklyn & Manhattan Child Custody Lawyers.
Getting You Through Your Child Custody Case IN NYC
When parents separate or divorce, one of the most critical and emotional decisions involves child custody. Determining how custody will be shared—or if one parent will have sole custody—can significantly impact a child’s life. If you are going through a custody dispute or simply trying to understand your rights, knowing the types of custody in New York is essential.
At Brian D. Perskin & Associates, P.C., we have helped many parents navigate New York’s child custody laws and fight for an outcome that prioritizes their child’s well-being. Whether you are seeking sole custody, joint custody, or need to modify an existing custody order, our experienced attorneys can guide you through every step of the process.
What are the Different Types of Custody in New York?
New York recognizes different types of custody arrangements, each with unique implications for parental rights and responsibilities. The courts understand that every family’s situation is unique, so it’s important to understand what the different types of custody in New York City are so you can choose an agreement that works best for you and your family.
Joint Legal Custody: Both parents share the authority to make major decisions regarding the child’s education, healthcare, and religious upbringing. However, this does not necessarily mean the child spends equal time with both parents.
Sole Legal Custody: One parent has exclusive control over decisions, usually granted when the other parent is unable or unwilling to participate.
Joint Physical Custody (Shared Custody): The child splits time between both parents’ homes, often on a structured schedule. This arrangement ensures both parents remain actively involved in the child’s daily life.
Sole Physical Custody: The child resides primarily with one parent, while the other parent may receive visitation rights. This is often granted when one parent is unable to provide a stable living environment.
Every Agreement is Determined Based on the Best Interests of the Child
The issue of child custody is the most common dispute in family court in New York City. As should be expected, parents are extremely concerned with the safety, education, and overall well-being of their children.
Custody decisions become even more difficult following a divorce or breakup, as parents tend to be distrustful of each other at these times. Regardless of the state of affairs between the parents, judges will always decide the type of custody based on “the best interests of the child.” When a child custody case is brought to the court, the court will try to accommodate the best interest of the child and choose the environment that offers the most stability. Some factors courts will take into consideration in a child custody case are:
- The child’s age, sex, routine, education, and mental and physical health
- The parent’s lifestyle and mental and physical health
- Any history of child abuse
- The 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 preference, if the child is above a certain age (this is usually around age 12 or older)
The court may also conduct a Child Custody Evaluation. An evaluation usually consists of interviews, psychological exams, and analysis of the children, and perhaps the parents. The court has the ability to deny a parent’s request for an evaluation. Parents may be liable for the cost of the evaluation.
Modifying an Existing Custody Order in New York City
Life circumstances change, and the type of custody arrangement that once worked may no longer be suitable. In New York, either parent can petition the court to modify a custody order if there has been a substantial change in circumstances. Examples include:
- One parent relocating
- A significant change in a parent’s health or financial stability
- A parent’s failure to comply with the existing custody agreement
- Evidence of abuse, neglect, or other endangerment to the child
If you need to modify your custody agreement, our legal team can help present your case effectively in court.
Protecting Your Parental Rights with Experienced Legal Advocacy
Child custody battles can be some of the most emotionally challenging and high-stakes disputes in family law. At Brian D. Perskin & Associates, P.C., our experienced New York City child custody attorneys understand the complexities of custody cases and the deep concerns parents have for their children’s future. While courts aim to act in the best interests of the child, reaching a fair custody arrangement often requires skilled negotiation and legal strategy.
Don’t face this challenge alone—get the legal support you need. Contact Brian D. Perskin & Associates, P.C. today to schedule a consultation and take the first step toward protecting your relationship with your child.
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Frequently Asked Questions
There are four types of child custody in New York; joint, 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
The key difference lies in how parental responsibilities are divided. In a sole custody arrangement, one parent has primary authority, either over major decisions (legal custody), the child’s living arrangements (physical custody), or both. In contrast, shared or joint custody means both parents remain actively involved, sharing decision-making responsibilities and often dividing parenting time so the child maintains a meaningful relationship with each parent.
Yes. A parent’s past behavior can directly influence the type of custody arrangement a court will order, particularly if it raises concerns about the child’s safety or well-being. Judges closely examine factors such as prior abuse, substance issues, criminal history, or neglect, and may impose limitations like supervised or restricted visitation if risks are present. However, past conduct is evaluated in terms of its current impact, and a parent who can demonstrate meaningful and lasting change may still be granted parenting time.
Military service can create unique challenges in child custody cases, particularly when a parent is deployed or temporarily assigned away from home. Courts recognize these circumstances and generally avoid making permanent custody changes based solely on deployment. Instead, they may issue temporary adjustments and ensure that the service member maintains contact with the child, including through electronic communication when necessary. Federal protections, such as the Servicemembers Civil Relief Act, can also delay proceedings or prevent permanent custody decisions while a parent is deployed.
If your co-parent violates a custody agreement, you should first document each incident and, if appropriate, attempt to resolve the issue through communication. If the problem continues, you can seek legal assistance and file a violation petition in family court to enforce the order. Courts take these violations seriously and may order makeup parenting time, impose penalties, modify the custody arrangement, or hold the noncompliant parent in contempt.
In New York, parental rights may only be terminated in serious circumstances where there is clear and convincing evidence that it is necessary for the child’s safety and best interests. Common legal grounds include abandonment, permanent neglect, severe or repeated abuse, or a parent’s inability to care for the child due to mental illness or disability. The process typically involves filing a petition in Family Court, formally notifying the parent, presenting evidence at a hearing, and obtaining a final court order that permanently ends the parent-child legal relationship.
Hiring a Child Custody Attorney You Can Count On
At Brian D. Perskin & Associates P.C. we know how difficult facing a custody case can be. Let us guide you through your case and help you reach an agreement you can be confident in.
Find the Right Custody Arrangement for Your Family
Contact our experienced New York child custody attorneys today to explore your options, from joint or sole custody to legal or physical custody, and secure a solution that fully supports your child’s best interests.
