All Laws Decoded

Child Custody Laws in New York

How courts in New York decide child custody and parenting time, the best-interest factors, and whether parents must take a class or try mediation.

Short answer: Custody is decided by what is in the child's best interests, and neither parent has a presumptive right to custody. N.Y. Domestic Relations Law § 240(1)(a)

Child custodyCustody is decided by what is in the child's best interests, and neither parent has a presumptive right to custody. If a sworn allegation of domestic violence is proven by a preponderance of the evidence, the court must consider its effect on the child's best interests and state on the record how it did so. The court may not place a child with a parent who presents a substantial risk of harm based on supported child abuse allegations. The statute does not set an age at which a child's preference controls.
Source: N.Y. Domestic Relations Law § 240(1)(a)
Emergency and temporary custodyA New York court has temporary emergency jurisdiction to make a custody order when the child is in New York and has been abandoned, or when it is necessary in an emergency to protect the child, a sibling or a parent. Custody and visitation cases can be started in Family Court by petition and order to show cause.
Source: N.Y. Domestic Relations Law § 76-c; Family Court Act § 651

More New York divorce & family law

FAQ

How is child custody decided in New York?
Custody is decided by what is in the child's best interests, and neither parent has a presumptive right to custody. If a sworn allegation of domestic violence is proven by a preponderance of the evidence, the court must consider its effect on the child's best interests and state on the record how it did so. The court may not place a child with a parent who presents a substantial risk of harm based on supported child abuse allegations. The statute does not set an age at which a child's preference controls.
How do you get emergency custody in New York?
A New York court has temporary emergency jurisdiction to make a custody order when the child is in New York and has been abandoned, or when it is necessary in an emergency to protect the child, a sibling or a parent. Custody and visitation cases can be started in Family Court by petition and order to show cause.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.