How Courts Make Child Custody Decisions in New York

 

Understand the common factors New York’s judges use when making child custody decisions.

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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.

What Is the New York Best Interest of the Child Standard?

The New York State Courts website sums up the guidelines for determining the best interest of the child as follows:

  • which parent has been the child's primary caregiver
  • the parenting skills of each parent and each parent's ability to provide for the child's special needs, if any
  • each parent's physical and mental health
  • whether there has been domestic violence in the family
  • each parent's work schedule and child care plans
  • the child's relationships with siblings and other family members
  • what the child wants, if the child is old enough to express a meaningful preference
  • each parent's ability to cooperate with the other parent and to encourage a relationship with the other parent, when it is safe to do so

In addition to the factors listed above, New York law gives judges a lot of flexibility to decided custody cases based on the best interest of the child. State law says that the court may not prefer one parent over the other and requires judges to look at the totality of the family's circumstances.

Court Should be Your Last Resort

Going to court to get custody of a child will be stressful for you and, worse, tough on the children. Also, because judges have so much flexibility to make custody decisions, it leaves the family vulnerable to the biased opinions of individual judges. For these reasons and more, a court case is something to pursue only if all other options—like negotiation and mediation—have failed. Take advantage of all the resources available to you for creating a parenting plan before subjecting yourself and your kids to a court battle.

More Information

Learning more about the law. This article summarizes key factors courts use to make custody decisions in New York. That said, family law is a complicated subject and laws do change. If you’re working with a lawyer, mediator, or both, ask for help understanding how New York law applies to your specific circumstances.

How to Find a Child Custody Lawyer in New York

Help from your local family court. In New York, family law cases are handled in the county family courts. These courts do a good job of providing self-help resources for folks who can't afford to hire a lawyer. If you need help, find your local court and be sure to take advantage of the support it offers.

New York Family Law Court for Schoharie County


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Jurisdictional relevance: ST

There are versions of this article for each State.