If domestic violence is a part of your custody case, New York law requires the judge to take it into account. Learn what counts as domestic violence and how it affects custody and visitation.
Being a victim of domestic violence—or witnessing domestic violence in the home—is a risk factor for family violence passing from one generation to the next. To protect children from abusive behavior, New York law instructs judges on how to make custody decisions when one parent has committed domestic violence, including what factors judges should consider and when a parent's time with their child must be supervised.
Here's an overview of how New York defines domestic violence and how domestic violence impacts custody decisions.
How Judges Decide Custody in New York
In New York, if you and your child’s other parent can’t agree on a custody arrangement, you can file a petition (written request) in court, and a judge will decide for you. To make a custody decision, the judge has to look at what is in the best interests of the child. Unlike many states, New York has no statutory list of factors that a judge must consider to determine the best interests of the child. Instead, the court must consider all relevant facts and the circumstances of each case.
Some examples of factors the court might consider include, but are not limited to:
- each parent’s ability to care and provide for the child
- the child’s wishes (if the child is mature enough to state a reason for their preference)
- the willingness and ability of each parent to encourage a relationship between the child and the other parent
- the child’s relationships with each parent and other family members, like siblings or stepparents, and
- the child’s health and the health of each parent.
In every case, the judge will consider allegations of domestic violence and child abuse by the parents. In fact, by statute, the court must consider the effect of domestic violence on the child’s best interests to determine custody.
Allegations of abuse must be proven by a preponderance of the evidence, which means that the person alleging abuse must convince the judge that it's more likely than not that the incident of domestic violence occurred. (N.Y. Dom. Rel. Law § 240 (2026).)
To learn more, check out New York Child Custody Laws.
What Is Domestic Violence in New York?
In a contested custody case in New York, the court must consider any occurrence of domestic violence before determining who should have custody. However, domestic violence is a complicated issue, which isn’t always easy to identify.
New York courts describe domestic violence as a pattern of abusive behavior—in a family, household, or intimate relationship—used by one person to gain power and control over another. Legally, New York addresses this by making certain criminal acts (like assault, harassment, and stalking) committed against a family or household member into "family offenses" that can be brought in family or criminal court. (N.Y. Fam. Ct. Act §§ 812, 821 (2026).)
New York law defines family, household, or “intimate relationship” broadly to include any of the following persons, regardless of their age:
- persons related by blood or marriage
- spouses or former spouses
- parents and their children
- persons who are or have been in an intimate relationship (courts weigh the nature, frequency, and duration of the relationship)
- persons who have a child in common, regardless of whether they were ever married or lived together
- persons who are currently or previously in a dating relationship, regardless of age and including both heterosexual and same-sex relationships, and
- persons related by blood or marriage to someone with whom you are or were in an intimate relationship (for example, your partner's parent or sibling).
(N.Y. Fam. Ct. Act § 812 (2026).)
How to Get an Order of Protection in New York
If you are the victim of domestic violence and a criminal case is brought against your abuser, the criminal court may order a temporary order of protection. If the abuser is found guilty of the crime, the court may order a final order of protection. A criminal protective order limits the abuser’s ability to come in contact or communicate with you. If you share a child with your abuser and have both a criminal case and a custody or visitation case pending, your cases may be combined and heard in the Integrated Domestic Violence Court (IDV), which will decide both your criminal and family law cases.
Victims of domestic violence in New York can also ask the family court for a civil order of protection. If you and your spouse are in the middle of a divorce proceeding, you can also ask the Supreme Court to issue a civil order of protection.
A civil order of protection works just like a criminal order of protection by helping to protect you from further abuse. A civil order of protection can require your abuser to leave the home, stay away from you, or stop contacting and harassing you. Civil orders of protection typically last up to two years, but can be extended to five years if a judge finds aggravating circumstances. The New York State Unified Court System publishes a guide on the different types of Domestic Violence Orders of Protection and how to get one.
How Domestic Violence Impacts Custody Decisions in New York
Domestic violence is one factor that a judge considers when deciding what custody arrangement is in a child’s best interests. Domestic violence doesn't have to be between you and the child’s other parent—if you or your child's other parent abused a family or household member, the judge will consider that too. Violence against the child is treated even more seriously. New York law prohibits placing a child in the custody of a parent who presents a substantial risk of harm to that child.
Because domestic violence is only one of many factors the judge weighs, it's generally possible for a judge to grant custody to a parent who committed domestic violence. At a minimum, an abusive parent will likely receive some form of parenting time (visitation), often with conditions. If you can show that your child’s physical, mental, or emotional health would be endangered by parenting time with the other parent, the judge may limit parenting time or require it to occur under special conditions. For example, a judge may order supervised visitation, which requires a third party, like a social worker or a responsible family member, to supervise the parenting time. Therapeutic supervised visits require a mental health professional to be at the visit to improve the parenting skills of the parent during the visit. Supervised visitation is usually temporary, lasting only until the judge is satisfied that unsupervised visitation can occur safely. If substance use is an issue, a judge may also impose the condition that a parent is not to consume drugs or alcohol during or 24 hours before parenting time.
If you’re concerned about your own safety while you pick up or drop off your child, you can also ask the judge to order that custody exchanges occur at a safe place, such as a police precinct or supervised exchange program.
(N.Y. Dom. Rel. Law § 240(1)(a) (2026).)
Getting Help
If you have specific questions about a custody case, you should contact a family law attorney for advice.
If you are a victim of domestic violence, you should immediately seek assistance to get to safety as well as legal assistance to protect your rights. Many organizations in New York offer services to domestic violence victims. To find help throughout the state, check out the New York State Office for the Prevention of Domestic Violence website, which runs a 24/7 hotline in most languages (call 800-942-6906 or text 844-997-2121) and connects survivors to key resources.
