Understanding Child Custody Laws in New York

Types of Custody in New York

New York recognizes two types of custody: legal custody (the right to make major decisions about your child's education, health, and welfare) and physical custody (where the child lives day-to-day). Either type can be sole or joint.

How Courts Decide: The "Best Interests" Standard

New York courts always prioritize the child's best interests. Factors include each parent's ability to provide a stable home, the child's relationship with each parent, each parent's mental and physical health, and — for older children — the child's own preferences.

What About Parenting Plans?

Courts strongly prefer when parents can agree on a parenting plan. A well-crafted plan covers the regular schedule, holidays, vacations, communication, and decision-making. When parents can't agree, the court will impose a plan.

Can Custody Orders Be Modified?

Yes. If there's been a significant change in circumstances — such as a parent relocating, a change in work schedule, or concerns about the child's safety — either parent can petition the court to modify the existing order.

Every family situation is unique. The best strategy is one that's tailored to your specific circumstances and focused on your children's wellbeing.

If you're facing a custody dispute, our family law team is here to help. Schedule a confidential consultation to discuss your options.