Child custody matters are among the most emotionally challenging legal issues families face. Our attorneys fight to protect your parental rights while keeping your child's best interests at the forefront.
When parents separate or divorce, determining custody and visitation arrangements for their children is often the most critical — and most emotionally difficult — issue to resolve. At Mandi Law Group, our child custody attorneys understand the profound impact that custody decisions have on children and parents alike.
New York courts make custody determinations based on the "best interests of the child" standard. This requires judges to consider a wide range of factors, including each parent's ability to provide a stable and nurturing home environment, the quality of the child's relationship with each parent, the child's established routine and community ties, each parent's mental and physical health, any history of domestic violence, and the willingness of each parent to foster the child's relationship with the other parent.
There are two types of custody in New York: legal custody and physical custody. Legal custody refers to the right to make major decisions about the child's upbringing, including education, healthcare, and religious training. Physical custody refers to where the child lives on a day-to-day basis. Either type may be awarded solely to one parent or jointly to both parents.
Our attorneys help parents understand their rights, navigate the court process, and develop custody arrangements that serve the child's best interests while preserving parental relationships whenever possible.
New York courts may award sole custody, joint custody, or a combination depending on the circumstances. Sole legal custody gives one parent the authority to make all major decisions for the child. Joint legal custody requires both parents to cooperate in making decisions. Sole physical custody means the child resides primarily with one parent, while the other parent has visitation rights. Joint physical custody involves the child spending significant time with both parents. The specific arrangement depends on the family's circumstances, the parents' ability to communicate and cooperate, and the child's needs.
The non-custodial parent is generally entitled to reasonable and meaningful visitation with the child. Visitation schedules may be agreed upon by the parents or ordered by the court. Common arrangements include alternating weekends, midweek visits, shared holidays and school vacations, and extended summer time. Our attorneys help parents develop practical, workable visitation schedules that maintain the child's stability while ensuring both parents remain actively involved in the child's life.
Custody orders are not permanent. Either parent may petition the court for a modification if there has been a substantial change in circumstances since the original order was issued. Examples include a parent's relocation, a significant change in a parent's work schedule or living situation, concerns about the child's safety or well-being, or the child's own preferences as they mature. Our attorneys help parents demonstrate why a modification is necessary and in the child's best interests.
When a custodial parent wishes to relocate with the child — whether across the state or to another state — the non-custodial parent may object. New York courts apply a multi-factor test to determine whether the relocation serves the child's best interests, considering the reason for the move, the quality of the child's life in the new location, the impact on the non-custodial parent's relationship with the child, and the feasibility of preserving the relationship through revised visitation. These cases require experienced legal representation, and our attorneys handle relocation matters from both perspectives.
Important Disclaimer
The information on this page is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and outcomes depend on specific facts and circumstances. Contact our office to discuss your particular situation.
New York courts consider the best interests of the child, weighing factors such as each parent's ability to provide a stable home, the child's existing relationships, each parent's mental and physical health, any history of domestic violence, and each parent's willingness to foster the child's relationship with the other parent.
New York law does not establish a specific age at which a child can choose. However, as children mature, courts give increasing weight to their preferences. The child's wishes are one of many factors the court considers, not the sole determining factor.
Yes. You may petition the court for a modification if there has been a substantial change in circumstances since the original order. Our attorneys can evaluate your situation and advise whether grounds for modification exist.
Every family situation is unique, and the information on this page is general in nature. Schedule a confidential consultation with our experienced family law attorneys to discuss your specific circumstances and learn about your options.