Manhattan Child Custody Attorney Discusses Child Custody in New York

Manhattan child custody attorney Sabra Sasson discusses child custody laws in New York.   In the state of New York neither parent has a preferred right to child custody.  Either parent has the right to file for custody of their child.  

Factors That Determine Who Gets Custody of The Child

In order to file for custody in New York, the child must have lived in New York for at least six months, otherwise, you must file in the state the your child has lived in recently for at least six months. 

• The court will not give preferential treatment to the mother.  The court will make it’s decision based on what is best for the child.
• The court will evaluate who the primary caregiver of the child is
• The parent who has physical custody of the child when the custody paperwork is filed may have a slight advantage over the other parent based on the court’s interest to not change or disrupt the child’s environment
• Many other factors are also considered such as: the home environment, siblings, amount of time the parent can be available to the child, and if there is any domestic violence involved

Both Parents Can Have Joint Custody in New York

Joint custody only works when both parents can put their differences aside and decide to get along for the sake of the child.  Once both parties have agreed to joint custody, it is difficult to change later, so make sure that you will be able to have a relationship that fosters open communication and cooperation. 

Can Child Custody or Visitation Be Changed?

Child custody or visitation can only be changed if there is a life-changing event that impacts the child’s best interests.  If the parent that has custody wants to move far away and it impacts the other parent’s visitation, it may be necessary to get approval from the court in order to move.  It is best to discuss your case with an experienced Manhattan child custody attorney. 

For more information about child custody laws in New York, contact Sabra Law Group today at (646) 472-7971.  

In addition, Sabra Sasson Esq is the co-author of a recently released book in which she wrote several chapters one of which discusses parenting plans.  You can pick up your copy of the book Onward and Upward: Guide for Getting Through New York Divorce & Family Law Issues by clicking here.  Here is a code for 10% discount: Y38YZ5EX.