Few family law issues are more important to a parent than determining where a child will live, who will make important decisions for the child, and how each parent will remain involved in the child’s life.
If you are facing a custody dispute, divorce, disagreement over parenting time, or an attempt to change an existing custody arrangement, working with a child custody lawyer in New York can help you understand what the court will consider and how to protect your relationship with your children.
At The Law Offices of Jeffrey N. Markowicz, Jeffrey Markowicz represents parents in New York family law matters involving child custody, parenting time, divorce, child support, domestic violence, and related disputes.
New York courts decide custody based on the child’s best interests.
How Is Child Custody Decided in New York?
No automatic rule gives custody to the mother or father. Instead, the court examines the circumstances of the individual family and determines the arrangement it believes will best protect the child’s welfare, stability, health, and safety. New York courts state that custody and visitation decisions are based on what is best for the child, not a preference for either parent.
A judge may consider factors such as the child’s existing living arrangement, each parent’s history of caring for the child, the stability of each household, parenting abilities, work schedules, the child’s relationships with siblings and other family members, domestic violence, and each parent’s willingness to support the child’s relationship with the other parent when doing so is safe. Depending on the child’s age and maturity, the court may also consider the child’s wishes.
Because no simple formula determines the outcome, the evidence presented to the court can be extremely important.
Legal Custody vs. Physical Custody in New York
Parents searching for a New York child custody lawyer will often hear the terms legal custody and physical custody.
Legal custody concerns decision-making authority. This can include significant decisions involving a child’s education, medical care, religious upbringing, and other important matters.
Both parents may share legal custody, or one parent may have primary legal custody.
Physical custody, sometimes referred to in terms of residential custody, concerns where the child primarily lives and how parenting time is divided between the parents.
Parents can have different combinations of physical and legal custody. For example, a child might live primarily with one parent while both parents participate in major decisions.
New York Courts explains that legal and physical custody are separate components of a custody arrangement.
Does New York Automatically Favor 50/50 Custody?
No.
The law does not require parenting time to be divided exactly 50/50.
A judge focuses on the child’s best interests, not whether the schedule produces an equal number of overnight stays.
For some families, substantial time with both parents may be practical and beneficial. For others, school schedules, work obligations, distance between the parents’ homes, a child’s needs, parental conflict, or safety concerns may make a different arrangement more appropriate.
A child custody attorney in New York can help develop a practical parenting arrangement that addresses the factors the court is likely to consider.
Can Parents Agree on Custody Without Going to Trial?
Yes.
Many custody matters are resolved through negotiation rather than a contested custody trial.
Reaching an agreement can allow parents to maintain greater control over important issues including the child’s regular schedule, holidays, vacations, transportation, communication, medical decisions, education, and other parenting responsibilities.
When parents cannot agree, however, the court may ultimately determine custody and parenting time.
The Law Offices of Jeffrey N. Markowicz works to find practical negotiated solutions when possible while remaining prepared to advocate for a client in court when litigation becomes necessary.
What Evidence Can Matter in a New York Custody Case?
Custody litigation is highly fact-specific.
Evidence may include each parent’s history of involvement with the child, communications between the parents, school records, medical information, proposed living arrangements, childcare arrangements, witnesses, and documentation related to allegations raised by either parent.
Parents should also recognize that their behavior during a custody dispute can become relevant.
Repeatedly preventing reasonable communication, ignoring court orders, involving a child in parental conflict, or attempting to damage the child’s relationship with the other parent can potentially affect how the court evaluates the case.
New York courts consider a parent’s willingness and ability to foster a healthy relationship between the child and the other parent when appropriate.
What Happens When Domestic Violence Is Involved?
Domestic violence can significantly affect a New York custody proceeding.
New York courts specifically identify domestic violence as a factor that must be considered when determining the child’s best interests.
Depending on the circumstances, a case may involve requests for protective orders, supervised parenting time, restrictions on contact, or other measures intended to protect a child or parent.
When there are immediate safety concerns, obtaining legal advice quickly can be particularly important.
Can You Change an Existing New York Custody Order?
Potentially.
Families change over time. A parent’s work schedule may change. One parent may relocate. A child’s educational or medical needs may become different. A parent may repeatedly fail to follow the existing order.
New York provides procedures for requesting modification of an existing custody or visitation order. Courts generally examine whether circumstances have changed and whether the requested modification would serve the child’s best interests.
A modification case is not simply an opportunity to relitigate the original custody dispute. The parent requesting the change should be prepared to explain why circumstances now justify a different arrangement.
What If the Other Parent Is Violating the Custody Order?
Existing custody and parenting-time orders are not optional.
If another parent repeatedly refuses parenting time, fails to return the child on schedule, or otherwise disregards the custody order, legal remedies may be available.
New York Family Court has a specific procedure for enforcing a custody or visitation order.
Before responding by withholding the child or taking other unilateral action, consider speaking with a lawyer about the appropriate legal response.
When Should You Contact a Child Custody Lawyer in New York?
Consider contacting a lawyer when a custody dispute begins, rather than waiting until the case has already escalated.
Early legal guidance may be especially valuable when you are:
- seeking an initial custody order;
- facing a contested divorce involving children;
- concerned about your child’s safety;
- being denied parenting time;
- considering relocation;
- facing allegations from the other parent;
- trying to modify an existing custody order; or
- dealing with violations of an existing order.
A lawyer can also help parents determine which issues truly require litigation and which may be resolved through negotiation.
Choosing a New York Child Custody Lawyer
Child custody litigation requires more than familiarity with statutes.
A lawyer should know how to organize the family’s factual history, identify the issues most important to the best-interests analysis, negotiate workable parenting arrangements, and present the matter effectively if court intervention becomes necessary.
Jeffrey N. Markowicz has handled family and matrimonial matters involving divorce, custody, child support, domestic violence, and adoption. He has been licensed to practice law in New York since 2007.
Learn more about the firm’s child custody, support and visitation services or its broader divorce and matrimonial law practice.
Speak With a New York Child Custody Lawyer
Every custody dispute involves a different family, history, and set of concerns.
The goal should not simply be to “win” against the other parent. It should be to establish an arrangement that protects your relationship with your child while addressing the child’s stability, safety, education, health, and long-term well-being.
To discuss a New York child custody matter with The Law Offices of Jeffrey N. Markowicz, call 917-791-4157 or contact the firm to schedule a consultation.
Frequently Asked Questions About New York Child Custody
Does the mother automatically get custody in New York?
No. New York courts do not automatically favor mothers or fathers. The court determines custody based on the child’s best interests.
Can a child choose which parent to live with in New York?
A child’s wishes may be considered depending on the child’s age and maturity, but the child does not automatically make the final decision.
What is joint legal custody?
Joint legal custody generally means both parents participate in major decisions concerning the child, such as education and medical care.
Can custody be changed after a divorce?
Yes. An existing custody arrangement may potentially be modified when circumstances change and the proposed modification serves the child’s best interests.
Do I need a child custody lawyer?
Parents can represent themselves, but custody cases may involve significant legal, evidentiary, and strategic issues. An attorney can help evaluate the case, prepare evidence, negotiate a parenting arrangement, and advocate in court when necessary.
