New York Child Custody & Visitation: Protecting Your Parental Rights
📞 Call Mindin & Mindin, P.C. at 888-501-3292 for a Free Consultation.
When it comes to child custody and visitation, nothing is more important than protecting your relationship with your child. Whether you are divorcing, separating, or an unmarried parent, navigating the complex and emotional custody process can be overwhelming. At Mindin & Mindin, P.C., our experienced New York custody attorneys will fight to protect your parental rights and ensure the best possible outcome for your child.
How Custody & Visitation Work in New York
New York custody cases can be decided in:
✔ Family Court – For unmarried parents or parents seeking custody/visitation orders outside of divorce.
✔ Supreme Court – As part of a divorce or post-judgment modification.
Custody cases can quickly become complicated and contentious, especially when both parents believe they know what is best for their child. Working with a knowledgeable custody attorney is critical to presenting your strongest case.
Types of Custody in New York
Custody is not one-size-fits-all. Courts determine custody arrangements based on what is in the child’s best interests. There are several types of custody arrangements in New York:
1. Legal Custody – Who Makes Important Decisions?
Legal custody gives a parent the right to make major decisions about the child’s upbringing, including:
🔹 Education (school choice, special needs services)
🔹 Medical care (surgeries, vaccinations, therapy)
🔹 Religious upbringing
✔ Joint Legal Custody – Parents share decision-making authority. Courts prefer this if parents can communicate and co-parent effectively.
✔ Sole Legal Custody – One parent has exclusive decision-making power, usually awarded if the other parent is unfit or unwilling to cooperate.
2. Physical Custody – Where Does the Child Live?
Physical custody determines where the child primarily resides.
✔ Sole Physical Custody – The child lives with one parent, and the other has visitation rights.
✔ Joint Physical Custody – The child splits time between both parents' homes (not always 50/50).
3. Temporary Custody
Before a final custody order is issued, courts may grant temporary custody to one parent. This is not permanent but can set a precedent for the final decision.
How Courts Decide Custody in New York
Custody decisions are based on the child’s best interests. Courts consider:
✔ Each parent’s ability to provide a stable home
✔ History of caregiving (who handles school, doctor’s visits, activities?)
✔ Parental fitness (mental health, substance abuse, domestic violence)
✔ Each parent’s willingness to foster the child’s relationship with the other parent
✔ The child’s preference (if old enough)
✔ Educational and medical needs
✔ Siblings and extended family relationships
If parents cannot agree on custody, the court will make the decision for them. Having a strong legal advocate is essential to securing your rights.
Visitation & Parenting Time in New York
If one parent has sole physical custody, the other parent is usually granted visitation (also called parenting time).
Types of Visitation Orders:
✔ Reasonable Visitation – Parents agree on a flexible schedule.
✔ Scheduled Visitation – The court sets specific days and times.
✔ Supervised Visitation – Visits take place with a court-approved supervisor (for cases involving abuse, neglect, or substance issues).
✔ No Visitation – Visitation may be denied if a parent poses a serious risk to the child’s safety.
Courts favor keeping both parents involved, but protecting the child’s well-being is the top priority.
Modifying Custody & Visitation Orders
Life changes—jobs relocate, circumstances evolve, and custody orders may need to be modified.
✔ You can request a modification if:
🔹 A parent relocates or wants to move with the child.
🔹 A parent is neglectful or abusive.
🔹 A parent fails to follow the court order.
🔹 The child’s needs significantly change.
Courts require a "substantial change in circumstances" to approve a modification. Our attorneys can help build your case and present strong evidence to support your request.
Parental Relocation Cases
If a custodial parent wants to move out of New York City (or a significant distance within the state), they must get court approval if the move affects the other parent’s time with the child.
✔ Courts consider:
🔹 The reason for the move (job, remarriage, family support)
🔹 Impact on the child’s relationship with the noncustodial parent
🔹 Educational and social opportunities at the new location
🔹 If the move is in the child’s best interests
Relocation cases are often highly contested. If you are considering moving or opposing a relocation, contact us immediately to protect your rights.
Why You Need a Strong Custody Attorney
Custody cases are emotionally charged and can impact your child’s future for years to come. At Mindin & Mindin, P.C., we provide:
✔ Aggressive Representation – We fight for your parental rights.
✔ Personalized Strategies – Every case is unique—we develop custom legal solutions.
✔ Skilled Negotiation – Many custody disputes can be resolved without trial, but we are ready to litigate when necessary.
✔ Child-Centered Advocacy – The best interests of your child are always our top priority.
📞 Don’t wait—call or text us today at 888-501-3292 for a Free Consultation.
Frequently Asked Questions About Child Custody in New York
❓ Can a mother automatically get custody?
✔ No. Courts do not favor mothers or fathers—custody is based on the child’s best interests.
❓ Can I get 50/50 custody?
✔ If both parents are fit, cooperative, and live near each other, joint physical custody is possible and often the preferred resolution in New York courts.
❓ What if my ex is preventing me from seeing my child?
✔ If you have an existing order. you can file a petition for enforcement to hold the other parent accountable for violating a custody order. If you do not have an order, you have to file a petition for custody or make a motion for parenting time right away. This takes time to prepare and for the court to decide, taking swift action is essential!
Call Mindin & Mindin, P.C. Today!
If you are facing a custody battle, visitation dispute, or modification request in New York City, Brooklyn, Queens, Bronx, Manhattan, Staten Island, Long Island, or Westchester, our skilled attorneys are ready to fight for you.