NYC Child Custody Lawyers

Who Gets Custody of the Children in a New York Divorce?

If you and your spouse are able to come to agreement regarding custody of your children in the event of a separation or divorce, you can outline these terms in a custody agreement. This contract should provide a detailed outline of how major decisions are to be made for your child and the parenting access, including what holidays, birthdays, vacations and other events the children would spend with each parent.

If you and your spouse are able to come to agreement regarding custody of your children in the event of a separation or divorce, you can outline these terms in a custody or parenting agreement. This contract should provide a detailed outline of how major decisions are to be made for your child and the parenting access schedule, including what holidays, birthdays, vacations and other events the children would spend with each parent. 

However, if you and your spouse are unable to agree about custody, you may have to involve the court to help you resolve your custody dispute. Some couples may also find mediation or collaborative law helpful to work out conflicts. If you still cannot come to agreement, the courts will make a final custody ruling based solely on the best interests of the child. Many clients participate in mediation with former judges during the court process as well.  

Here are the common factors considered:

• Primary caregiver: Which parent has been the primary caregiver and has been more involved in the child’s daily life and upbringing.
• Parenting skills: Each parent's ability to provide for the child’s emotional and physical needs, including education, health care, and social development.
• Parental health: The mental and physical health of each parent, and how it might affect their ability to care for the child.
• Parent-Child Relationship: The quality of the relationship between each parent and the child, including the emotional bond and level of attachment, and the ability of a parent to encourage the relationship between the child and the other parent. 
• Stability: The stability of each parent's home environment, including the availability of extended family and community support.
• Financial stability: Each parent’s financial stability and ability to provide for the child's needs.
• Work schedules: The work schedules and flexibility of each parent, and how they impact the ability to care for the child.
• Cooperation: Each parent's willingness to foster a positive relationship between the child and the other parent, including co-parenting abilities.
• Educational needs: Consideration of the child’s educational needs and which parent is better positioned to meet them.
• Cultural and religious considerations: The ability of each parent to maintain the child’s cultural and religious upbringing.
• Child’s preferences: Depending on the child’s age and maturity, their preferences may be considered.
• Siblings: The importance of keeping siblings together, maintaining sibling relationships.
• Domestic violence: Any history of domestic violence, abuse, or neglect by either parent.
• Substance abuse: Any history of substance abuse by either parent.

Today, many judges strive to encourage joint custody and shared parenting time when possible, to give each parent a strong relationship and significant time with their child. 

To speak with our experienced NYC child custody lawyers, call us at (212) 466-6015 or contact us online today. 

The Child Custody Process in New York City

New York courts grant two types of custody – legal and residential. They are different in nature and will not necessarily both be awarded to one parent. Legal custody means making the major decisions about a child’s education, health and religion. At times, people work with third parties such as parent coordinators or a child therapist to assist them in making these major decisions. 

New York City’s five Family Courts—in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island—each operate with their own schedules and support services. These local differences can affect a case’s pace and the resources available to each family. Working with attorneys who know borough-specific procedures helps parents meet every filing and deadline confidently. From the first filing to the last hearing, our team guides families through negotiations, court conferences, and every stage until the court issues a final order.

The Different Types of Child Custody: Legal vs. Residential Custody

New York City courts grant two types of custody—legal and residential. These types may be awarded to one or both parents. Legal custody refers to the right to make major decisions about the child’s education, health, and religious upbringing.

Joint legal custody means parents communicate often about major choices affecting their child’s life. For example, parents may share decision-making about schools, health care, and religious instruction. Residential custody refers to the schedule for where children live. The parent who has the child more nights is considered the primary residential custodian. The judge will set the parenting schedule using the best interests standard.

Families in different boroughs may encounter unique scheduling and transportation logistics related to school pick-ups, extracurricular activities, or medical care. Our teams navigate these hurdles to help create parenting arrangements that work for both parents and kids. If family needs change, the court allows for reviewing and adjusting legal or residential custody to fit the child’s best interests over time.

Who pays child support in NYC if we have an equal parenting time schedule? 

Even in shared custody situations, one parent still has to pay child support, as laid out by the New York Child Support Standards Act. Typically, the non-primary custodial parent pays support to the primary custodial parent. In cases where there’s an even split of overnights time between both parents, the parent with the higher income is generally considered the non-custodial parent for the purposes of child support. Your New York divorce or family law attorney can explain how child support works more. 

Who Pays Child Support in NYC if We Have Joint Child Custody?

Your child custody order (as well as a child support or spousal maintenance order) can be changed. Under certain circumstances hHowever, you must do it properly and legally. You may find, sometime down the road, that your child custody order or agreement no longer fits your or your child’s life circumstances. In cases like these, you may need to file for a child custody modification order. When you have a substantial change in life circumstances, consult with our lawyers at Berkman Bottger Newman & Schein LLP to find out the best options for you and your child. 

Family courts in New York City use a formula to calculate child support. This formula considers the income of both parents, certain deductions, and the number of children. Payments may include additional costs such as health insurance, childcare, or uncovered medical expenses. Differences in the cost of after-school programs, transportation, or babysitting across the five boroughs could affect the final amount. Collecting accurate income and expense records when preparing your case can streamline this process. Starting with early legal guidance helps parents understand their financial obligations and options.

Modifying Your Child Custody Agreement in New York

Your child custody order, as well as a child support or spousal maintenance order, can be changed if necessary. You might find that your existing order no longer fits your or your child’s circumstances. In these cases, you may request a child custody modification order. When life changes in a significant way, consult with our attorneys at Berkman Bottger Newman & Schein LLP to discuss options that reflect your child’s best interests.

Parents in New York City often request modifications for reasons like job changes, new schools, or shifts in a child’s health or routine. Changes in residence, such as moving to a different borough, may also require reviewing the current custody arrangement. Courts usually require documentation to show how the change affects the child’s well-being. Our attorneys help parents prepare required paperwork and guide them through the process so all steps comply with New York law and local court expectations.

Can My Ex-Spouse Move Out of the State With Our Child? 

Depending on the terms of your child custody agreement or order, your ex-spouse may be in violation of your legal contract or order if they move out of state without express written consent or a court order. Your divorce decree should have the terms of your custody agreement defined and, if one parent is planning a significant move, may need to be modified. If you or your ex-spouse wish to relocate, contact your attorney as soon as possible. 

When a parent is considering relocation, courts in New York City will also look closely at how the move might affect the child’s relationship with the other parent and the practical realities of long-distance parenting. Judges in the five boroughs, including those sitting in the New York County Family Court and Supreme Court, may weigh whether meaningful parenting time can be preserved through adjusted schedules, virtual contact, and shared travel arrangements. Working with a child custody lawyer New York City parents trust can help you present a clear relocation plan that addresses schooling, healthcare, and consistent contact with both parents.

Common reasons that may justify relocation include:

• Employment opportunities: The custodial parent has a job offer or employment opportunity that improves their financial stability and overall well-being.
• Educational opportunities: Access to better educational institutions or specialized educational programs for the child.
• Family support: Moving closer to extended family who can provide support and assistance in raising the child.
• Living conditions: Improved living conditions, such as moving to a safer neighborhood or a better housing situation.
• Health reasons: Access to better healthcare facilities or treatment options for either the parent or the child.
• Quality of life: Overall enhancement of quality of life, including social, cultural, or recreational opportunities that benefit the child.
• Remarriage or relationship: The custodial parent’s remarriage or the establishment of a new relationship that promises a stable and supportive family environment.
• Safety concerns: Moving away from an environment where there may be safety concerns, such as domestic violence or high crime rates.
• Financial considerations: Lower cost of living in the new location, which can contribute to better financial stability.
• Special needs: Availability of services or programs for a child with special needs that are not accessible in the current location.