Child Custody in New York
State-specific overview · Family Law
New York courts award custody based on the best interests of the child, with no automatic preference for either parent.
How New York treats Child Custody
New York law requires judges to evaluate factors such as each parent's relationship with the child, their ability to provide care, and the child's own preferences (especially for older children). The state recognizes both sole and joint custody arrangements. Courts may also consider domestic violence history and each parent's willingness to encourage the child's relationship with the other parent when making custody decisions.
The general definition of Child Custody
A court's decision about which parent has the right to care for and make decisions for a child.
Child custody refers to the legal authority to care for a child and make important decisions about their upbringing, including where they live, their education, and their medical care. Courts can award sole custody to one parent or joint custody to both parents. The court's primary concern is always the best interests of the child, considering factors like each parent's relationship with the child, stability, and the child's own preferences if they're old enough. Custody is separate from visitation rights, which allow a non-custodial parent to spend time with the child.
Read the full Child Custody entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New York.