Child Custody in New York

Protecting Your Children's Best Interests

Understanding Child Custody in New York

New York courts recognize two types of custody: legal custody (decision-making authority) and physical custody (where the child lives). The court's primary consideration in all custody matters is the best interests of the child.

Types of Custody Arrangements

  • Legal Custody:
    • Joint Legal Custody - Both parents share decision-making
    • Sole Legal Custody - One parent has decision-making authority
  • Physical Custody:
    • Primary Physical Custody - Child primarily lives with one parent
    • Shared Physical Custody - Child spends substantial time with both parents

The Custody Determination Process

1

Filing the Petition

Either parent can file a custody petition in the Family Court or Supreme Court of the county where the child resides.

2

Temporary Orders

The court may issue temporary custody orders to establish arrangements while the case is pending.

3

Attorney for the Child

The court often appoints an attorney to represent the child's interests in custody proceedings.

4

Investigation

The court may order investigations, including home studies and psychological evaluations.

5

Mediation or Trial

Parents can agree through mediation or proceed to trial for a judge's determination.

6

Final Order

The court issues a final custody order detailing the arrangements and responsibilities.

Key Factors in Custody Decisions

Living Environment

Stability and suitability of each parent's home

Parent-Child Bond

Quality of relationship with each parent

Education

Access to quality schools and education

Family Ties

Maintaining relationships with siblings and extended family

How We Can Help

At the Law Office of Nazar Khan, we understand that child custody matters are emotionally challenging and critically important. We provide comprehensive support to protect your parental rights and your children's best interests:

  • Thorough evaluation of your custody situation
  • Development of strong custody arguments
  • Representation in custody negotiations and court proceedings
  • Assistance with custody modifications
  • Emergency custody matters
  • Mediation support
  • Protection of parental rights
  • Guidance through the entire custody process

Protect Your Parental Rights

Schedule a free consultation to discuss your custody case and learn how we can help protect your rights and your children's best interests.

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