How Courts Make Child Custody Decisions in New York
New York courts strongly consider the "best interest of the child" when making child custody decisions. State law directs judges to decide custody cases taking into account all the circumstances of the custody case and what's best for the children involved. (See New York Domestic Relations Law 240.)
That said, the state's statutes don't set out a specific list of factors for courts to look at when determining what is in a child's best interest. Instead, New York's best interest factors have been established by many years of court cases decided in the state.