Child custody decisions are among the most important and emotionally challenging aspects of divorce or separation. Understanding how New York courts approach custody can help you advocate effectively for your children's best interests.
Types of Custody
Legal Custody
The right to make major decisions about your child's life, including education, healthcare, and religious upbringing. Can be sole or joint.
Physical Custody
Where the child actually lives. The parent with primary physical custody is the "custodial parent." Can also be joint or shared.
The "Best Interests" Standard
New York courts decide custody based on the child's best interests, considering:
- Each parent's ability to provide for the child's needs
- The quality of each parent's home environment
- Each parent's mental and physical health
- History of domestic violence or substance abuse
- The child's wishes (if age-appropriate)
- Each parent's willingness to support the other's relationship with the child
- Stability and continuity in the child's life
Joint vs. Sole Custody
Courts generally favor arrangements that allow both parents to be involved. Joint custody works best when parents can communicate and cooperate. Sole custody may be appropriate when one parent is absent, abusive, or unable to care for the child.
Custody Modification
Custody orders can be modified if there's a substantial change in circumstances affecting the child's welfare. Common reasons include relocation, changes in parent's lifestyle, or the child's changing needs.