There is nothing more fundamental to a parent’s purpose in life than protecting their child. When a family separates and custody becomes contested, the path ahead can seem daunting. We understand how emotional this process is and will fight alongside you for your child.

Every family has its own issues, but all issues important to our clients will be important to us. Whether that is protecting your child from a parent with mental health issues or a substance abuse history, ensuring that the other parent does not try to indoctrinate the child against you, advocating for a child’s special needs or talents, safeguarding a child’s close relationship with extended family members, or many other important concerns that come about in custody matters, your worries are our worries.

Best Interests of the Child

In New York, courts evaluate “the best interests of the child” when making custodial determinations. Sometimes the child’s best interests are served by one parent having primary custody, and other times, the child’s best interests are served by the parents sharing equal custody. The court considers several factors when deciding what is in a child’s best interest, which can include:

  • Who is the child’s primary caretaker
  • Each parent’s mental and emotional fitness
  • Who will offer the most stability for the child
  • The home environment each parent would provide for the child
  • Who is best able to foster a positive relationship between the child and the other parent
  • Where the child’s siblings, half-siblings and pets live
  • Where the child attends school and participates in extracurricular activities
  • The parents’ historical involvement in the child’s life
  • The child’s relationship with each parent
  • The parents’ respective financial circumstances
  • The existence of parental alienation
  • Domestic violence, sexual abuse and substance abuse considerations
  • The child’s preferences
  • Other factors relevant to the specific case

Legal Custody vs. Physical/Residential Custody

Parents often conflate “legal” custody with “physical” or “residential” custody. Legal Custody refers to the parents’ ability to make major decisions for the child, such as whether or not the child should have a surgery, be put on long-term medication, advance a grade in school, change doctors, be raised in a certain religious faith, etc.

Conversely, Physical/Residential Custody refers to where the child sleeps most often. Parents may have joint Legal Custody even though one parent may have sole Physical/Residential Custody.

Oftentimes, parents will share joint legal custody but then have a “tie-breaker” in the event they cannot reach a mutually agreeable decision on an important issue. Tie-breakers might be the relevant professional (i.e. the child’s doctor or guidance counselor) or a Parenting Coordinator. Alternatively, one parent might have the authority to make the final decision on a certain domain of issues (such as, by example, education) after a period of meaningful consultation with the other parent.

Custody Modifications

Custody is not set in stone, and sometimes, a custody Order must change. Custody modifications can occur in both Supreme Court or Family Court. The Court first considers if there has been a substantial change in circumstance since the last Order, and then evaluates if changing custody or parenting time would be in the child’s best interests.

We are here to review your case with you and advocate for the change you feel is best for your child.

Here to Help You Navigate Your Child Custody Case

No one factor controls custody determinations. Custody matters are often complex and have many facets to them. Our job is to make sure that the court understands your child’s needs and why you are the best parent able to meet those needs, because custody is certainly not a “one-size fits all”. Your concerns will not go unheard. If you care, we do too.