When children are involved, the stakes could not be higher. New York courts determine custody and parenting time by applying the best interests of the child standard. While it may seem obvious to you which parent has done the most for the children, the other parent may see it very differently — and a parent who was less involved during the marriage may now want to step up.
How New York Courts Decide Custody
Courts weigh many factors. Usually the parent who has been the full-time primary caregiver will receive residential custody, but issues such as parental alienation, alcohol or drug use, abuse, or mental health concerns can overshadow who provided the bulk of day-to-day care. In other families, each parent attended to different aspects of the children’s lives, and the analysis is closer.
Even if you were not the primary caregiver, you have rights. Whether you are seeking weekend parenting time or full custody, our attorneys have the experience to fight for you — and the judgment to tell you candidly how your case is likely to fare, so you can make informed decisions. In most cases, a negotiated agreement saves the cost and hostility of a custody trial; when trial is unavoidable, we are fully prepared.
Carol Most’s years of experience serving as attorney for children in contested custody cases gives our firm a distinct perspective on how judges and forensic evaluators approach these matters.
Frequently Asked Questions
Does New York favor mothers in custody cases?
No. New York courts decide custody based on the best interests of the child, not the gender of the parent, and increasingly favor arrangements that give both parents substantial parenting time.
What does “best interests of the child” mean?
Courts weigh factors such as each parent’s caregiving history, stability, ability to cooperate, the child’s relationship with each parent, and the child’s own wishes depending on age and maturity.
Can custody orders be changed later?
Yes. A parent can seek a modification when there has been a substantial change in circumstances since the last order, such as a relocation, a change in a parent’s availability, or a change in the child’s needs.
What’s the difference between custody and parenting time?
Custody generally refers to decision-making authority over major issues like education, healthcare, and religion, while parenting time (sometimes called visitation) refers to the schedule of when the child is with each parent.
If you are ready to talk with an experienced matrimonial and family law attorney, call Most & Schneid, P.C. at (914) 997-9181 or request a consultation online. We serve clients from our offices in White Plains (Westchester County) and Garden City (Nassau County).