Child Custody Laws in NY: What Parents Need to Know

Child custody is often the most emotionally charged aspect of any family law case. In New York, the courts prioritize the "best interests of the child" above all other factors when making custody determinations. This process is often part of a broader divorce process in New York.

Legal vs. Physical Custody

It is important to distinguish between the two types of custody in New York:

• Legal Custody: The right to make important decisions about a child's life, including education, religion, and healthcare.
• Physical Custody: Refers to where the child primarily lives.

The "Best Interests of the Child" Standard

New York judges consider several factors when determining a child's best interests, including each parent's stability, the child's current environment, and any history of domestic violence or neglect.

Modifying a Custody Order

Custody orders are not necessarily permanent. A parent can petition the court for a modification if there has been a "substantial change in circumstances" that makes a change in custody necessary for the child's well-being.