A Parent’s Guide to Custody in New York Family Court
Navigating child custody in New York’s Family Court system can be overwhelming. Whether you’re seeking full custody, sole custody, or understanding your rights as a non-custodial parent, Tracy and Tracy Law Firm is here to help. With extensive experience in Staten Island and New York City courts, we provide the legal expertise needed to protect your parental rights.
What Are the Different Types of Custody in New York?
New York recognizes two primary types of custody:
Legal Custody: The authority to make major decisions about the child’s upbringing, including education, healthcare, and religion.
Physical Custody: Determines where the child lives and who is responsible for daily care.
Both legal and physical custody can be joint (shared by both parents) or sole (awarded to one parent) depending on the best interests of the child.
Joint physical (also referred to as shared physical) custody means that the parents usually split the custody of the child 50/50, or fairly equally. Where one parent has more than 50% of the custodial time with the child, that parent will be determined to have primary physical custody of the child, which gives that parent certain decision making authority in the absence of an agreement stating otherwise.
Sole physical custody means one party has physical custody of the child with the other parent either having no time with the child or limited visitation with the child.
How to Get Full or Sole Custody in New York?
Full custody typically refers to sole legal and physical custody. To obtain full custody, you must prove that it is in the child’s best interest, considering factors such as:
The ability of each parent to provide a stable home
History of abuse or neglect
The child’s preference (if of sufficient age and maturity)
Each parent’s ability to foster a positive relationship with the other parent
Barring extreme cases like serious substance abuse issues, criminal charges, or mental instability issues, it is unlikely that the other parent will be granted no visitation with the child. Even non-custodial parents who have a criminal history or serious substance or mental health issue are entitled to some visitation with their children. This visitation may be supervised or may be contingent on the person maintaining their sobriety or following orders of protection and other court mandates.
Judges base their determinations on what is in the best interests of the children involved. Judges generally presume that it is in the child’s best interest to see both parents regularly, so they favor providing both parents with some form of custody or visitation (in the absence of extreme crimes like murder and sexual assault resulting in the birth of a child).
Does Being Unmarried Affect Custody in New York?
No, being unmarried does not impact custody rights. However, unmarried fathers must establish paternity before seeking custody or visitation rights.
Does Adultery Affect Custody in New York?
Adultery alone does not usually impact custody decisions unless it directly affects the child’s well-being, such as one parent exposing the child to unsafe environments or a paramour that is abusive to the children. The fact that a spouse cheated will not alone be a factor in a custody case.
What Rights Do Non-Custodial Parents Have in New York?
A non-custodial parent still has rights, including:
Visitation or parenting time arrangements
The right to be involved in major decisions (if joint legal custody is granted)
The ability to petition for custody modifications if circumstances change
How The Law Office of Tracy and Tracy Can Help
Our experienced family law attorneys understand the complexities of New York custody cases. Whether you’re fighting for sole custody or need to modify an existing order, we are here to advocate for your rights.
If you have questions about custody in New York, contact Tracy and Tracy Law Firm today for a consultation.