NYC Child Custody Attorney

Help with New York Child Custody Matters

If you are going through a divorce and there are children involved, one of your top priorities will be making sure that they receive the love and care that they need. This is a life-altering situation for them, and you desire the best for their future. Our  New York City child custody attorneys at Cohen Forman Barone, PC are passionate about helping you reach your goals in making sure that your children get what is best.

Sometimes it can be hard for parents to agree on matters related to child custody. With over 20 years of experience advising people through these difficult times, Cohen Forman Barone, PC can help you make good decisions and build a case that meets your needs.

Types of Child Custody in New York

In New York State, there are two basic types of child custody.

Child custody in New York can be either one of the following:

• Legal Custody
• Physical Custody

Legal custody gives a parent the right to make important decisions in a child’s life regarding areas like religion, education, and medical care. Legal custody can either be joint or shared custody. Typically, parents will share legal custody, though sometimes it is only granted to one parent. If shared, the parents will need to cooperate and work toward decisions for the child together.

A parent has physical custody when their child lives with them. As with legal custody, physical custody can be joint or shared custody. If physical custody is shared between parents, the common approach is for the child to live with one parent during the week, and then stay with the other parent during the weekend. Alternatively, if the parents live in close proximity to one another, some parents elect to split the time that the child lives with them.

Creating a Parenting Plan That Works for Your Family

When it comes to child custody matters, it’s important to prioritize the best interests of your children. At Cohen Forman Barone, PC P.C, our experienced attorneys can help you create a comprehensive parenting plan that works for your unique family situation. Whether you are going through a divorce or separation, our team will work with you to establish a custody arrangement that promotes stability and consistency for your children.

Key elements of a successful parenting plan may include:

• Custody schedules that consider school, extracurricular activities, and holidays
• Communication guidelines for co-parenting effectively
• Decision-making authority for important matters regarding your children
• Methods for resolving conflicts or disagreements
• Provisions for modifying the plan as your children’s needs change

Mediation and Collaborative Law for Child Custody Disputes

When it comes to resolving child custody disputes, mediation and collaborative law can offer a more amicable and cost-effective alternative to litigation. Our experienced family law attorneys at Cohen Forman Barone, PC are skilled in guiding parents through the mediation or collaborative law process to reach mutually beneficial agreements regarding child custody.

Benefits of mediation and collaborative law for child custody matters include:

• Reduced conflict and stress for children
• Customized solutions tailored to your family’s unique needs
• Control over the decision-making process
• Privacy and confidentiality
• Cost savings compared to traditional litigation

Modifying and Enforcing a Custody Order

A custody order isn’t necessarily permanent. New York courts will modify an existing order when a parent can show a substantial change in circumstances since the order was issued — a job relocation, a change in the child’s needs, or a parent’s changed living situation are common grounds.

On the other side, if the other parent isn’t following the current order — missing scheduled parenting time, refusing to return the child, or ignoring decision-making provisions — the court can hold them in contempt, adjust the custody arrangement, or in serious cases, order a change in custody entirely. Both modification and enforcement require filing a formal petition; an informal agreement between parents to change the schedule doesn’t update the legal order.

Grandparents’ Custody and Visitation Rights

New York law allows grandparents to petition for custody or visitation rights under certain circumstances, most commonly when a parent has died, when the grandparent previously had a close relationship with the child that a parent is now blocking, or when circumstances show the parents are unfit or unable to care for the child. These cases are fact-specific and courts weigh them carefully against a parent’s constitutional right to make decisions about their own child, so grandparents considering this route should speak with an attorney before filing.

Parental Relocation: Can a Parent Move Out of State With the Child?

When a parent wants to relocate a significant distance with a child — whether to a new state or simply far enough to disrupt the other parent’s existing custody or visitation schedule — New York requires either the other parent’s consent or court approval. Courts evaluate relocation requests based on the child’s best interests, weighing the reason for the move, the impact on the child’s relationship with the other parent, and whether a revised visitation schedule can reasonably preserve that relationship. Read more in our guide to relocation and child custody in New York.

Protecting Your Child’s Best Interests

When dealing with child custody matters, it’s important to prioritize the well-being and best interests of your child. Our experienced team at Cohen Forman Barone, PC understands the sensitive nature of these cases and is dedicated to helping you navigate the legal process with compassion and expertise.

Our goal is to ensure that your child’s needs are met and that their safety and happiness are the top priorities in any custody arrangement. We will work tirelessly to advocate for your rights as a parent while keeping the focus on what is best for your child.

Whether you are facing a custody dispute, need to modify an existing agreement, or require assistance with visitation rights, our team is here to provide the guidance and support you need during this challenging time.

The factors for determining the best interest of the child include the:

• Presence of any domestic violence in the family
• Ability of each parent to care for the child
• Mental health and physical wellbeing of each parent
• Work schedule of each parent
• Desires of the child, depending on his or her age
• Ability of the parents to cooperate with each other

Frequently Asked Questions About Child Custody in New York

Does the mother automatically get custody in New York?

No. New York law is explicit on this point: there is no prima facie right to custody in either parent, and the court must determine solely what is in the best interest of the child and what will best promote the child’s welfare and happiness.

In practice, this means a father who has been actively involved in his child’s care begins the case on equal legal footing with the mother. What matters to the court is the caregiving history, each parent’s ability to meet the child’s needs, and each parent’s willingness to support the child’s relationship with the other parent. If you are a father who has been told the outcome is already decided, that is not what the statute says, and our experienced attorneys can explain what the court will actually weigh in your case.

Do I file for custody in Family Court or Supreme Court?

It depends on whether you are also getting divorced. If custody is part of a divorce, it is decided in Supreme Court as one of the issues in that action. If you and the other parent were never married, or you are already divorced and need to establish or change an arrangement, you generally file a petition in Family Court.

The distinction matters because it affects where your case is heard, how quickly it moves, and how custody interacts with the other issues in your case. If you are unsure which applies to you, bring whatever orders or paperwork you already have to your consultation and we will sort it out with you. You can also read more on our family law and divorce pages.

At what age can a child choose which parent to live with?

New York does not set a specific age at which a child gets to decide. A child’s wishes are one of the factors the court considers, and the weight given to those wishes generally increases with the child’s age and maturity, but the decision always remains with the judge.

Parents are sometimes told that a child can choose at twelve, or fourteen, or sixteen. There is no such rule in New York. An older teenager’s stated preference will carry real weight, particularly if the reasons behind it are sound, but a judge is not bound by it and will look at whether the preference reflects the child’s genuine interests.

What is an attorney for the child?

In contested custody cases, the court will often appoint a separate lawyer to represent the child, commonly called an attorney for the child. That attorney does not work for either parent. Their role is to advocate for the child’s position and interests within the proceeding.

This matters more than parents often expect, because the attorney for the child speaks directly to the judge and their assessment can be influential. Treating that attorney as an adversary is usually a mistake. Our experienced attorneys will prepare you for those interactions and help you understand how to present your situation constructively.

How long does a child custody case take in New York?

There is no single answer, because the timeline depends far more on the circumstances of your case than on anything the court controls.

Where both parents largely agree and simply need an arrangement formalized, a case can be resolved comparatively quickly. Where custody is genuinely contested, the process can extend considerably, particularly if the court orders a forensic evaluation, appoints an attorney for the child, or there are allegations that require investigation. During your consultation we will give you a candid assessment of what your particular case is likely to involve rather than an estimate that sounds reassuring but does not hold up.

How much does a child custody lawyer cost in NYC?

Cost tracks conflict. An agreed arrangement that needs to be properly drafted and submitted costs a fraction of what a fully litigated custody trial costs, because the work involved is a fraction as much.

Where a case is contested, you should also plan for the possibility of a forensic evaluation, which carries its own cost. We believe in clear, transparent pricing and will discuss fee structures openly during your consultation so that you understand your costs upfront rather than encountering surprises later. Our fees page explains how we bill.

Do unmarried parents have the same custody rights in New York?

Yes. Custody and parenting time are decided under the same best interests standard regardless of whether the parents were ever married. What differs is the procedure: unmarried parents file in Family Court rather than as part of a divorce, and paternity may need to be legally established first if it has not been already.

Once parentage is established, an unmarried father has the same standing to seek custody or parenting time as any other parent. Our attorneys can walk you through the steps that apply to your situation, including how custody interacts with child support.

Can a non-biological or de facto parent seek custody in New York?

Yes, in defined circumstances. In 2016, the New York Court of Appeals held in Matter of Brooke S.B. v. Elizabeth A.C.C. that a person who is neither the biological nor the adoptive parent of a child can have standing to seek custody or visitation under the Domestic Relations Law, on proof by clear and convincing evidence that the parties agreed to conceive and raise the child together.

That decision meaningfully changed the landscape for LGBTQ+ families, transgender parents, and other parents whose legal relationship to their child was never formalized through adoption. These cases turn heavily on the specific evidence of what the parties agreed to and how they functioned as a family, so if you are in this position, speak with an attorney before assuming you have no standing.

What happens to custody if there has been domestic violence?

New York law requires the court to take it seriously. Where a party alleges domestic violence in a sworn pleading and the allegations are proven by a preponderance of the evidence, the court must consider the effect of that domestic violence on the best interests of the child, and must state on the record how those findings factored into its decision.

The statute also protects a parent who raises concerns in good faith. A parent who makes a good faith allegation based on a reasonable belief supported by facts that the child is a victim of abuse, neglect, or the effects of domestic violence, and who acts lawfully and in good faith in response, is not to be deprived of or restricted in custody, visitation, or contact based solely on that belief or those reasonable actions.

If safety is a concern in your case, tell us at the consultation so we can address it immediately. Our domestic violence attorneys handle these matters alongside custody.

What is a forensic custody evaluation?

In contested cases, a court may appoint a mental health professional to evaluate the family and report back with findings and often a recommendation. The evaluator typically interviews both parents, observes each parent with the child, sometimes interviews the child, and may review records or speak with collateral sources such as teachers or therapists.

An evaluation adds time and cost to a case, and the resulting report can carry significant weight with the judge. Preparation matters a great deal here. Our experienced attorneys will help you understand what the evaluator is assessing and how to approach the process.

Do we still need attorneys if we already agree on a parenting plan?

An agreement is a good position to be in, but it still needs to be drafted properly and entered as a court order. A judge will not approve an arrangement that is incomplete or unenforceable, and an informal understanding between parents has no legal force if one parent later stops following it.

A well-drafted plan addresses the schedule, holidays, decision-making authority, how disputes get resolved, and how the plan can be modified as your children’s needs change. Getting those details right at the outset is far easier than litigating them later. Our attorneys can review what you have agreed to and make sure it will hold up, and where you are close but not quite aligned, mediation is often the most efficient way to close the gap.

What if the other parent wants to move away with our child?

New York requires either your consent or court approval before a parent relocates a significant distance with a child, meaning far enough to disrupt the existing custody or parenting time schedule. Courts evaluate these requests under the best interests standard, weighing the reason for the move, the effect on the child’s relationship with the other parent, and whether a revised schedule can reasonably preserve that relationship.

Relocation is considerably harder to address after the fact, so if a move is a realistic possibility for either parent, it should be dealt with in your parenting plan now. Our guide to relocation and child custody in New York covers this in more depth.

What if my custody case involves another country or an immigration issue?

International custody matters raise questions that a purely local case does not, including which country’s courts have authority to decide, how an order entered here can be enforced abroad, and what happens if a child is taken to or kept in another country.

These cases are time-sensitive, and delay can significantly narrow your options. Our firm handles both family law and immigration matters, so we can address the custody and immigration dimensions of your situation together rather than sending you to a second firm. If your case has an international element, contact us as early as possible.

What if ACS or child protective services is involved?

A child protective proceeding is a separate matter from a custody dispute between parents, and it can affect custody significantly. These cases move on their own timeline and carry consequences well beyond the custody arrangement itself, which is why they call for prompt legal advice rather than a wait-and-see approach.

If there is an open investigation or proceeding involving your child, tell us at the consultation. Our experienced attorneys will explain how it interacts with your custody case and what to prioritize first.

To discuss your custody matter during a consultation, call our New York City child custody lawyers at (212) 577-9314 or contact us online today.

For help with your child custody case, speak to our child custody lawyers in New York City for experienced legal counsel. Contact us today at (212) 577-9314  or online.