Custody Lawyers in New York

As custody lawyers in New York, we are family law attorneys who have experience in negotiating and drafting custody agreements and enforcing and modifying custody and support agreements or orders with the court.

Custody in New York

Custody is one of the more important issues for divorcing or separating couples because corollary to custody is child support. The parent with primary residential custody (the custodial parent) receives child support from the other parent. Primary residential custody refers to the parent who has the children majority of the time. In case the time is evenly split among the parents, the parent with the higher income is generally considered the non-custodial parent who is required to pay child support to the custodial parent.

Custody Arrangements

Custody lawyers specialize in negotiating and drafting custody agreements. Custody agreements are detailed agreements which include:

a description of the physical custody agreement (a detailed parenting schedule on where the child will primarily reside and the time the other parent will have the child, including specifics on which parent will have the child on holidays, summers, and other vacation periods);

details about legal custody (the extent of decision-making authority each parent will have on matters of the child);

child’s legal residency for purposes of school enrollment;

child support (the amount to be paid, the frequency of payments and additional expenses, together with a mechanism for adjustment based on changes in income or expenses);

expectations of communication and cooperation in dealing with matters related to the child, including guidelines on resolving disputes or disagreements

relocation provisions, in case one parent has to move or relocate to a farther place or out-of-state;

travel and transportation when exchanging the child between households, including protocols for domestic and international travel;

medical and healthcare decisions and provisions;

education matters, relating to participation in extracurricular activities, access to academic records, and attendance in parent-teacher conferences;

grandparent and relative visitation rights; and

termination and modification.

When a couple is not able to amicably agree on the custody agreement through negotiation or mediation, the custody lawyer will have to submit the question to court, who will then make a custody determination based on the best interests of the child.

Child Support Agreements

Corollary to a custody agreement is the child support agreement. If the question of child support is submitted to the court, the court will compute child support based on guidelines provided under the New York Family Court Act §§ 413 and 413-a. This entails a determination of the child’s living expenses based on receipts, and income for the couple is determined using their latest income tax returns.

From the combined income, the court multiplies it by a percentage depending on the number of children shared: 17% for one child; 25% for two children; 29% for three children; 31% for four children; and 35% for five or more children. This percentage value will be the total amount of child support for the couple. The court then divides the amount based on the proportion of the individual income of the parent over the combined parental income.

For example, if X and Y have two children, and X has annual income of $50K, while Y has annual income of $30K, the combined income of $80K is multiplied by 25% (for two children). The resulting percentage value, which is $20K, is the total amount of annual child support for the two children of X and Y. If the children primarily reside with Y, then X’s proportional child support to be paid to Y is computed as ($50K/$80K) multiplied by $20K, resulting to $12.5K annually to be paid to Y.

Your custody lawyer will be able to compute the correct amount of child support for purposes of negotiating your custody agreement.

Enforcing Child Custody Agreements

Enforcing child custody agreements depend on whether the custody agreement was approved by the court and which provision in the agreement was violated.

If the custody agreement was approved by the court, it is considered a court order. You can file an enforcement petition with the court, attaching such court order. Minor violations of a child custody agreement, however, will only result to the court adjusting your parenting plan, awarding you additional days, holding the other parent in contempt of court, and having the other parent pay your legal fees.

If it is the child support provision that is being violated, the easiest way to enforce child support is by requesting assistance from the Office of Child Support Enforcement or your local Child Support Enforcement Unit in the state. They can locate the non-custodial parent, collect and distribute support payments, and assist in some legal services. A custody lawyer can also help you garnish the other parent’s wages and intercept tax refunds.

Modifying Child Custody Agreements

Negotiating with the other parent is the best way to modify a child custody agreement. If negotiation or mediation fails, your custody lawyer can file a petition with the court for modification.

The court will usually modify child custody agreements if the parent demonstrates a substantial change in the circumstances of the parent or child since the establishment of the custody agreement. These substantial changes may include:

a significant change (usually 15% or more) in the parent’s income;
a child more than 12 years requests the change;
abuse, neglect, or abandonment;
passage of 3 years from the time the order was issued;
a parent has a substance abuse problem, has committed acts of domestic violence, or has developed a serious medical condition
a parent has an unstable home environment, including frequent moves of the family home
a parent has unpredictable working hours or frequently changes jobs.

How New York courts decide contested custody

When parents cannot agree, the court decides custody based on the best interests of the child under DRL §240. There is no single controlling factor; instead, the judge weighs a constellation of considerations developed by New York case law. A custody lawyer’s role in a contested case is to organize the client’s history and evidence around those factors and to anticipate how each one will be addressed by the other parent and by any court-appointed attorney for the child.

The factors a New York court typically considers include:

The quality of each parent’s home environment and stability.
The historical caretaking arrangement and which parent has been the primary caregiver.
Each parent’s mental and physical health.
Each parent’s ability to provide for the child’s emotional, intellectual, and developmental needs.
The child’s relationships with siblings and extended family.
The child’s preferences, given appropriate weight based on age and maturity.
Each parent’s willingness to foster a relationship between the child and the other parent (sometimes called the “friendly parent” factor).
Any history of domestic violence, which DRL §240(1)(a) requires the court to consider.
The geographic proximity of the parents’ homes and the practicalities of the proposed schedule.
Work schedules and availability for hands-on parenting.

Joint legal custody, sole custody, and shared physical custody

New York recognizes several custody structures, and a custody lawyer helps clients understand which arrangement realistically fits their family. Legal custody concerns major decision-making for the child—education, non-emergency medical care, religious upbringing, and mental-health treatment. Joint legal custody requires the parents to make those decisions together; sole legal custody gives one parent final authority. Many agreements use a hybrid approach, dividing spheres of decision-making (for example, education to one parent and medical to the other) or requiring consultation before unilateral decisions.

Physical custody, sometimes called residential custody, determines where the child lives. Arrangements range from one parent having primary residential custody with the other parent on a regular schedule, to true shared parenting with roughly equal time. Courts will not impose joint legal custody where the parents have demonstrated they cannot communicate or cooperate—a principle traceable to longstanding New York precedent.

The role of the Attorney for the Child

In contested custody cases, the court typically appoints an Attorney for the Child (AFC), also known as a law guardian. The AFC represents the child directly, not the court and not either parent, and is generally bound to advocate for the child’s stated preferences when the child is mature enough to articulate them. A custody lawyer prepares clients for AFC interviews, helps anticipate the AFC’s likely position, and addresses the AFC’s recommendations as part of trial strategy.

Forensic evaluations and court-ordered services

When custody is sharply disputed, especially where mental-health issues, substance abuse, or parental alienation are alleged, the court may order a forensic evaluation by a neutral psychologist. The evaluator interviews each parent, the child, and often collateral witnesses, then submits a report and may testify at trial. Courts can also order substance-abuse screening, supervised visitation, parenting coordinators, and reunification therapy. A custody lawyer prepares the client for the forensic process and challenges or supports the report’s findings as warranted.

Relocation cases

Few custody disputes are as difficult as relocation. When a custodial parent wants to move out of the New York City metropolitan area or out of state, the move generally requires the other parent’s consent or court permission. New York courts apply the standard articulated in Tropea v. Tropea, weighing factors that include the reasons for the move, the reasons for opposition, the quality of the child’s relationship with each parent, the impact of the move on the noncustodial parent’s access, and the potential economic, emotional, and educational benefits to the child. Relocation cases require careful planning, often well before any move is announced.

Frequently asked questions

At what age can a child choose which parent to live with?

New York does not set a fixed age at which a child can choose. The child’s preference is one factor among many; it generally carries more weight as the child matures, and teenagers’ informed preferences are often given significant consideration. There is no automatic right of selection at any specific age.

Can a custody order be enforced against a parent in another state?

Yes. Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), codified at DRL Article 5-A, New York custody orders are entitled to recognition and enforcement in other states, and orders from other states are enforceable here. Interstate enforcement adds procedural steps and is an area where experienced counsel matters.

How does domestic violence affect custody?

DRL §240(1)(a) requires courts to consider proven domestic violence in custody determinations. Documented abuse can lead to restricted or supervised visitation, denial of joint custody, and conditions tied to counseling or treatment. Family Court Act Article 8 orders of protection can run in parallel with custody proceedings.

What is the difference between Family Court and Supreme Court for custody?

Family Court has jurisdiction over custody, visitation, support, and orders of protection. Supreme Court handles divorce and, while a divorce is pending, also has jurisdiction over custody and support. Strategic choice of forum is part of the lawyer’s job.

When to consult a custody lawyer

It is wise to consult a custody lawyer at the earliest stage of a separation, even when you and the other parent are still on good terms. Early advice helps you avoid informal arrangements that later harden into the legal “status quo,” protects your record on caretaking and decision-making, and ensures that any written agreement complies with the formality and CSSA-recital requirements that determine enforceability. Custody lawyers also help clients understand the realistic range of outcomes for their situation and design a plan—negotiation, mediation, collaborative process, or litigation—that fits both the family and the budget.

Child custody agreements are a complex matter. Having your interests represented by an experienced custody lawyer can increase your chances of achieving your objectives on matters raised in a child custody agreement. Should you need assistance, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York, NY, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].