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New York Custody Frequently Asked Questions (FAQ)
Child Custody in New York State
The Law Office of Louis L. Sternberg PC exclusively practices in the fields of family and divorce. We provide our clients with the information and advice necessary to guide clients through the New York child custody process including pre-litigation planning, litigation strategies, expert trial work, and post-judgment modifications and enforcement. We have litigated countless Suffolk County child custody cases and we are here to help with yours. We are experts in the custody laws in New York State and we’re here to provide guidance in your custody case.
New York Child Custody Frequently Asked Questions
In New York, child custody refers to the legal and physical rights and responsibilities a parent has for their child. Legal custody pertains to the authority to make major decisions regarding the child’s welfare, such as education and healthcare. Physical custody concerns where the child primarily resides. Visitation, often termed “parenting time,” outlines the schedule for the non-custodial parent to spend time with the child. The paramount consideration in any custody or visitation determination is the best interests of the child.
Think of residential custody as where your child primarily calls home. It’s the physical aspect of custody, where the child lives most of the time. You might also hear it called “physical custody.” It’s different from “legal custody,” which is about decision-making.
In New York, courts prioritize the best interests of the child when determining custody. This involves evaluating various factors, including the status quo, the parents’ ability to provide a stable home environment, their past performance as parents, each party’s ability to meet the needs of the children, histories of domestic violence / substance abuse, mental / physical health, the ability to co-parent with the other party, and the child’s wishes, if they are of sufficient age and maturity. Eschbach v. Eschbach, 56 N.Y.2d 167 (1982), establishes the paramount concern for the child’s welfare.
If you are seeking custody as part of a divorce proceeding, you file in Supreme Court. If you are seeking custody independently of a divorce, or if you are an unmarried parent, you file in Family Court. Family Court has jurisdiction over custody matters when there is no matrimonial action pending.
Actions that demonstrate instability, poor judgment, or a disregard for the child’s well-being can negatively impact your case. This includes, but is not limited to, substance abuse, domestic violence, alienating the child from the other parent without valid reason, and demonstrating an inability to provide a stable and nurturing environment. Evidence of such behaviors is often considered by the court when determining the child’s best interests.
Sole custody: One parent has both legal and physical custody. This means they make all the major decisions and the child lives with them.
Joint custody: Both parents share legal custody, meaning they make major decisions together. Physical custody can be shared or one parent can have primary residential custody.
In New York, there’s no set age at which a child’s wishes are controlling or dispositive. Rather, the court weighs a child’s preference based on their maturity and ability to reason. While a young child’s wish might be considered, a mature teenager’s opinion carries greater weight, though it’s never the sole deciding factor.
Once a child reaches age 18, the New York courts lose jurisdiction to determine issues of custody.
For more information: Can a Child Choose Who to Live with In a New York Custody Case?
New York custody orders can be modified. To obtain a modification, you must demonstrate a “substantial change in circumstances” since the prior order and that the modification is in the child’s best interests. A substantial change in circumstances may include alienation, a parent moving, a change in a parent’s ability to care for the child, or abuse / neglect.
Parental alienation refers to a situation where one parent undermines the relationship between a child and the other parent, often through manipulative behaviors or negative portrayals. This may involve tactics such as denigrating the other parent, limiting contact, or creating an environment where the child feels pressured to reject the parent. Even subtle behaviors such as a look of disapproval when a child mentions the other parent may be part of an alienation campaign. Over time, the child may begin to adopt these negative views as their own, leading to emotional harm and a strained relationship with the targeted parent.
For more information: Parental Alienation
An Attorney for the Child (AFC), formerly known as a Law Guardian, is an attorney appointed by the court to represent the child’s best interests. Their role is to advocate for the child’s wishes and ensure that the court considers all relevant factors. The AFC may conduct investigations and provides recommendations to the court.
The biggest mistake in a New York custody case is failing to prioritizing one’s own feelings, needs and desires above those of the child’s best interests. Proper litigation of a custody case requires a focus on what will provide the most stability, safety, and emotional well-being for the child. Parents who get caught up in trying to “win” or who engage in battles over trivial issues often lose sight of what truly matters: the child’s need for love, consistency, and a healthy relationship with both parents when possible. In custody litigation, courts are growing increasingly focused on each parent’s respective abilities and efforts in furthering the child’s relationships with with other party.
Additionally, not being honest with the court or withholding important information can undermine a case and immediately reduce a party’s credibility. Courts can see through attempts to manipulate the situation, and this can lead to negative outcomes. Ultimately, a cooperative approach that focuses around the child’s needs is the best approach to litigating a custody case in New York State.
Generally, any negative comments to or about the other parent will be poorly received during custody litigation. The Courts generally want each party to encourage relationships with the other parent and to ensure that the child sees the other party in the most favorable light.
Similarly, any outbursts that indicate a lack of emotional control will reflect poorly on a parent.
When a parent seeks to relocate with a child, the court evaluates whether the move is in the child’s best interests. This involves considering factors such as the reasons for the move, the potential impact on the child’s relationship with the non-relocating parent, and the child’s overall well-being. Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996), provides the established framework for relocation disputes.
A top Suffolk County Child Custody Lawyer will explain your rights and options. From the initial consultation, a litigation strategy will be devised. Information and evidencing gathering will begin early in the case in order to establish a strong presence at the outset of the litigation. Your attorney will negotiate on your behalf and, if necessary conduct a trial.
While you can represent yourself, custody cases are complex. Having a lawyer significantly increases your chances of a favorable outcome. I’ve seen too many people make costly mistakes by trying to go it alone. Child custody is a serious matter. It’s vital to protect your child’s best interests. Don’t hesitate to seek legal advice. It is a very good idea to consult with an attorney.
Contact Us to Discuss Your Case Now
If you should have any further questions or want to discuss the specifics of your child custody case, contact the Law Office of Louis L. Sternberg today by phone at 631-600-3295 or through our online intake portal.