New York Child Custody Laws

Divorce or separation can be painful, especially when children are involved. When New York parents separate or divorce, they must either agree on custody or leave the matter for a judge to decide. In either case, a child's needs are at the heart of any custody decision.

Types of Child Custody in New York

When deciding custody, parents or a judge must determine physical and legal custody rights. Parents may be awarded joint or sole custody.

Physical Custody

Physical custody refers to where the child resides. A parent with primary physical custody (sometimes called "full custody") lives with the child. Parents can share physical custody (joint physical custody) or one parent may have sole physical custody.

Joint physical custody in New York means that both parents spend substantial parenting time with the child. However, parents with joint physical custody won't necessarily spend equal time with their child. For example, one parent may have three nights per week, while the other has four.

Legal Custody

A parent with legal custody can make major educational, medical, religious, or legal decisions on the child's behalf. In most cases, it's in a child's best interests for parents to share legal custody.

When parents have a history of conflict—especially involving domestic violence—joint legal custody may not be workable. Ultimately, each family's unique circumstances will determine the appropriate arrangement. New York judges must consider evidence of abuse or neglect when making custody or visitation decisions. Courts may not penalize a parent for acting in good faith to protect a child from harm (N.Y. Dom. Rel. L. § 240(1)(a) (2025).)

Visitation Rights in New York

Parents typically address a visitation schedule as part of a divorce, custody, or paternity case. A standard visitation schedule may grant the noncustodial parent a few hours one weekday and every other weekend. Judges may award more time but cannot go below this basic standard. Visitation schedules also address summer and holiday time.

Both parents are entitled to regular and consistent visitation with their children. Even when one parent has a history of substance or domestic abuse, a judge usually won't eliminate that parent's visitation rights entirely.

When a judge is concerned about a child's safety, supervised visitation may be ordered. These visits can occur at an agency or under the watch of a mutually agreed-upon third party. If a parent's behavior causes emotional harm—such as repeated false abuse allegations—courts may limit visitation. In Shakema R. v. Mesha B., the court upheld supervised visits after finding the father emotionally harmed the children by making false claims.

Understanding a Child's Best Interests

Whether parents reach their own divorce settlement agreements or a judge issues an order, custody arrangements must serve the child's best interests. Judges must evaluate the entire family situation, including:

• each parent's relationship with the child
• the child's relationship with siblings and extended family members
• the child's ties to school, home, and the community
• each parent's role in caring for the child
• any special needs of the child
• each parent's age, physical and mental health
• the parents' geographical proximity (when evaluating joint custody arrangements)
• each parent's stability
• each parent's willingness to foster a relationship between the child and the other parent
• either parent's history of domestic abuse, and
• any other factor relevant to the child's well-being.

(Cohen v. Cohen, 177 A.D.3d 848 (N.Y. App. Div. 2019); N.Y. Dom. Rel. L. § 240(1)(a) (2025).)

When Will a Judge Consider a Child Preference in New York?

In New York, judges may consider a child's preference when making custody decisions. However, the weight given to that preference depends on the child's age, maturity, and ability to clearly explain their wishes. Courts usually give more weight to the views of children who are fourteen or older, as long as they appear mature and are not being influenced by a parent. (Matter of Newton v. McFarlane, 174 3d 67 (N.Y. App. Div. 2019); Matter of Lopez v. Reyes, 195 3d 846 (N.Y. App. Div. 2021).)

State law supports this approach in certain guardianship cases, requiring judges to take into account the preferences of children age fourteen and up. (Fam. Ct. Act §§ 1055-b, 1089-a; SCPA § 1706.)

Judges may also consider the views of younger children if they show unusual maturity. (Fox v. Fox, 177 2d 209 (N.Y. App. Div. 1992).) In the end, the judge's decision must be based on what is in the child's best interests.

Can Custody Orders Be Modified?

Custody orders remain in effect until the child turns 18, becomes emancipated, or the court approves a modification. If circumstances change, either parent may request a new custody order.

A judge will only modify custody if there has been a material change in circumstances that directly affects the child's best interests. Routine life changes—like remarriage or a new sibling—typically don't qualify. But significant changes, such as a serious illness, relocation, or the child's declining academic performance, might.

In Matter of Fiore v. Gima, the court awarded sole legal custody to the mother after determining that the parents could not cooperate and the mother better met the child's needs. Similarly, in Matter of Llanos v. Barrezueta, the court modified a joint custody order to grant the mother sole legal and physical custody due to communication breakdowns and the child's preference.

Next Steps

If you're dealing with a custody dispute or want to modify a current order, consider speaking with a New York family law attorney. You can also learn more by reviewing our articles on New York child support and child visitation. Understanding your rights and obligations is the first step in protecting your child's well-being.