How Do I Get Full Custody Of My Child In New York?

If you're you are seeking to obtain full custody of your child in New York State, you are likely concerned about your child's safety or responding to an unstable parenting situation. Custody matters can be emotionally charged and legally complex, requiring thoughtful, precise action.

A New York court can make orders about the child's custody only until the child is 18 years old, and bases its decision onwhat is best for the child, which is called the "best interest of the child," according to the New York State Unified Court System. If no court order is in place, then both parents have equal rights to physical and legal custody.

New York courts do not grant full custody lightly. Judges carefully weigh the best interests of the child, and obtaining sole legal or physical custody requires meeting specific legal standards.

Understanding Full Custody in New York

In New York, custody includes two components: legal custody (decision-making authority) and physical custody (where the child lives). A parent who has both is said to have"full custody."

Full custody typically means one parent is responsible for all major decisions and the child resides primarily with them. The other parent may still have court-ordered visitation unless the court finds it would place the child at risk.

Courts do not favor one parent over the other by default. Judges assess what arrangement is in the best interest of the child, especially in cases involving domestic violence, neglect, substance abuse, or other mitigating factors. The parent awarded full custody of the child becomes the custodial parent, while the other may receive a visitation schedule if deemed appropriate.

Legal Standards for Awarding Full Custody

To obtain full custody in New York, a parent must show that it serves the child's best interests. Courts consider factors like each parent's mental and emotional stability, caregiving history, and others which concern the safety and stability of the home environment and day-to-day life of the child.

The child's preferences may be considered, usually through an attorney for the child, or if the child is old enough to express a clear and informed view. Judges also weigh the impact on sibling relationships, as well as whether either parent has tried to interfere with the other's parenting time without good cause.

If a non-parent seeks custody, the court must first find extraordinary circumstances before considering what arrangement is in the child's best interest.

Steps to Filing for Full Custody

Seeking full custody of your child in New York State requires several important steps:

File in the right court: Start your case in Family Court in the county where the child has lived for at least six months. If you're divorcing, custody may be handled in Supreme Court.

Complete a custody petition: Fill out a custody petition explaining your relationship to the child and why you're seeking full custody. There's no fee to file in Family Court.

Serve the other parent: The petition and summons must be personally served on the other parent (or both parents, if you're a non-parent). Without service, the court can't proceed.

Attend court hearings: If both parties agree, a custody order may be issued by consent. If not, the court will hold a hearing and may appoint an Attorney for the Child.

Cooperate with investigations: In contested cases, the court may order a home study, psychological evaluation, or interviews to assess what's in the child's best interests.

Receive a custody order: The judge may issue a temporary order during the case, followed by a final custody order that may include visitation and parenting time terms.

Factors Courts Consider in Custody Cases

New York courts focus on the best interest of the child when deciding custody. Judges weigh each parent's caregiving role, home stability, emotional and financial support, and any history of domestic violence or the child being abused or neglected. The child's current living situation, relationship with each parent, and when appropriate, their own preferences may also be considered.

If there's an existing custody order, any request to change it must be based on a substantial change of circumstances, such as new safety concerns or major life changes affecting the child.

Common Challenges in Full Custody Disputes

Full custody is almost never granted without clear justification. Courts generally favor shared parenting unless one parent poses a risk due to issues like violence, substance use, neglect, or an unstable home life. If there's a current court order, the parent seeking a change must prove that circumstances have significantly shifted.

Unproven accusations or attempts to block the other parent's access weaken a case. Enforcement can also be an issue; if the other parent violates a custody or visitation order, the proper step is to file a petition, not to withhold the child.

How to Strengthen Your Custody Case

To build a strong custody case, focus on showing that you provide a stable, consistent environment. Keep records of your involvement in your child's daily life: school, health care, daily routines, and any extracurricular or special activities. If you're concerned about the other parent's behavior, gather clear evidence like police reports or medical records.

Your behavior throughout the case matters. Cooperate with court orders and communicate respectfully. Avoid actions that could be seen as interfering with the other parent's rights unless you believe the child's safety is at issue. Judges look for parents who prioritize the child's well-being over personal conflict.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.