How Is Child Custody Determined in New York?

Our team of expert attorneys in Manhattan and Brooklyn can guide you through your child custody case.

You’ve filed for divorce, and now you’re wondering, “How is child custody determined in New York?” The answer lies in one guiding principle—the best interests of the child. Family courts in New York evaluate each family’s unique situation to decide who will make decisions for the child and where the child will live.

What Factors Determine Child Custody in New York?

When deciding child custody in New York, the court doesn’t just consider what each parent wants; it looks at what arrangement is best for the child. The judge’s goal is to provide a stable and supportive environment for the child to grow and thrive.

Here are some of the key factors courts consider when determining child custody in New York:

The child’s age and overall well-being.
Each parent’s physical and mental health, and whether their lifestyle supports a stable home environment.
The emotional connection between the child and each parent, including the history of involvement and caregiving.
A parent’s ability to meet the child’s basic needs, such as providing a safe home, nutritious meals, clothing, and access to medical care.
The child’s current schedule, including their school attendance, extracurricular activities, and daily routine.
The child’s preference, if the child is mature enough to express a well-reasoned choice (typically around age 12 or older).
Each parent’s willingness to cooperate and communicate, especially when it comes to shared responsibilities and fostering a healthy relationship with the other parent.

These elements of child custody in New York help the court decide what type of arrangement will serve the child’s best interests, not just in the short term, but well into the future.

Types of Child Custody in New York

The law recognizes that there’s no one-size-fits-all solution when it comes to child custody in New York. The court will choose the arrangement that best supports the child’s emotional, physical, and psychological needs, while also considering each parent’s ability to contribute to their child’s well-being.

Here are the most common custody arrangements in New York:

Joint Custody: Both parents share decision-making and/or physical time with the child. Courts may award joint legal custody, joint physical custody, or both.
Sole Custody: One parent is granted full legal and/or physical custody. The other parent may have visitation rights.
Shared Custody: This is a form of joint custody where parenting time is divided equally (50/50) between parents.
Split Custody: Rare in New York, this occurs when siblings are divided between parents. Courts generally avoid this arrangement unless it clearly benefits the children.

Each of these custody types in New York reflects the court’s focus on what will help the child feel safe, supported, and secure. Having an experienced New York attorney by your side can help you pursue the arrangement that works best for your family.

Legal vs. Physical Custody in New York

When courts make decisions about child custody in New York, they break custody into two main categories: legal custody and physical custody.

Legal Custody: The right to make important decisions for the child, such as education, medical care, and religious upbringing.
- Joint legal custody allows both parents to share decision-making responsibilities.
- Sole legal custody gives one parent full authority to make these decisions.
Physical Custody: Refers to where the child lives and who takes care of their day-to-day needs.
- Joint physical custody means the child spends an equal or significant amount of time with both parents.
- Sole physical custody means the child lives primarily with one parent while the other parent typically receives scheduled visitation.

New York courts will award custody based on the family’s circumstances and best interests of the child. Keep in mind that some schedules are more appropriate based on the child’s developmental needs.

Custodial vs. Noncustodial Parents in New York

In many child custody cases in New York, the court may award sole physical custody to one parent. This parent is known as the custodial parent—the one with whom the child primarily lives. The noncustodial parent may not live with the child full-time, but they still play an important role and often retain important legal rights.

These roles carry important differences that impact how custody arrangements work in New York.

Custodial Parent

The custodial parent typically:

Has primary physical custody of the child
Provides daily care, supervision, and routine structure
May receive child support from the noncustodial parent
Makes key decisions about the child’s day-to-day life

Noncustodial Parent

The noncustodial parent may:

Have a court-ordered visitation schedule or parenting time
Share legal custody, giving them input on major decisions (education, health care, religion)
Continue to maintain a meaningful relationship with the child

Being a noncustodial parent doesn’t mean being absent. In most cases, both parents still play essential roles in the child’s life.

Do Children Get to Choose Where They Live?

Many parents wonder whether a child can choose which parent to live with. While children do not have the final say, the court may consider the child’s wishes, especially if the child is 12 or older and shows maturity. However, the child’s preference is just one of many factors that are considered when it comes to child custody in New York, and the court ultimately decides what’s best for the child.

Modifying a Child Custody Order in New York

Custody arrangements aren’t always permanent. In New York, either parent can request a modification if there’s been a significant change in circumstances, such as a move, a shift in the child’s needs, a change in work schedules, or concerns about the child’s safety. Any proposed change must still serve the child’s best interests to be approved by the court.

Ready to Talk About Child Custody in New York?

At Brian D. Perskin & Associates, we understand that nothing matters more than your children. Our team of experienced child custody attorneys in New York has helped countless parents across Manhattan and Brooklyn navigate tough legal battles and protect their parental rights. Whether you’re facing a new custody case, seeking a modification, or navigating a difficult co-parenting situation, we’re here to fight for the outcome that’s best for your child.