If parents can’t come to an agreement, courts in New York make custody decisions based on what is in the "best interest" of the child.

What Does the New York Court Consider in Assigning Custody?

When deciding which parent should have primary custody, courts usually consider the following: 

  • Physical and emotional health of the parents
  • Evidence of child abuse and child neglect
  • Availability of the parents to take care of the child
  • The home environment of both parents
  • Who has been the primary caretaker if responsibilities between the parents differ
  • The willingness to encourage the child’s relationship with the other parent
  • The preferences of the child if it’s mature enough to make its wishes known
  • An agreement between the parents

What Happens When the Court Has Made a Decision?

The custody order is signed by the judge and then filed with the court clerk.  Both parents are bound by it. If either of the parents do not follow the custody order the other parent may bring the issue before the judge who can modify it. 

Should I Contact a New York Lawyer Regarding My Custody Issues?

It will be vital if you have concerns about who will make decisions for you child that you get a good attorney to help persuade the court what the right arrangement is for your child. A good child custody lawyer in New York will help you do this.