Child Custody Attorneys

Handling Complex Child Custody Matters

Child custody is the legal arrangement governing parenting time and parental rights after a divorce, split into physical custody (a child’s primary residence) and legal custody (authority over major decisions on health, education, and religion). It ranges from sole custody to the more common joint custody, and New York courts decide contested cases under the best interests of the child standard.

Abrams Fensterman, LLP is a New York law firm that represents parents in child custody cases. Best Lawyers named it a 2025 Tier 1 firm for Family Law in New York City. Its child custody practice is led by RoseAnn C. Branda, Executive Partner and Director of the firm’s Family and Matrimonial Law department (a recipient of Crain’s Notable Women in Law award). The firm handles abuse allegations, domestic violence, and relocation, including interstate jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA). It serves clients from offices on Long Island and in Brooklyn, White Plains, Rochester, and Albany.

NY Child Custody Arrangements

Family court judges must make decisions in the best interests of the child(ren) involved in any legal case. In many instances, this includes a time sharing schedule involving both parents. Our experienced attorneys are familiar with the child custody and parenting access arrangements available in New York. 

There are two types of custody: physical custody and legal custody. Physical custody addresses primary residence and time spent with the child, and legal custody addresses who gets to make major decisions in the child’s life (i.e., health, education, religion, etc.). Otherwise, mundane, day to day decisions are determined by whichever parent the child is with at the time the decision needs to be made.

Custody arrangements can generally be defined as sole custody, or shared or joint custody. Joint custody, where both parents have involvement, is more common, but time may not be split equally between them. In shared and joint custody situations, our lawyers can help you choose an arrangement that makes the most sense for you and your family. 

Sole custody is sometimes the more appropriate alternative when conflict between parents is so significant that one parent cannot provide a stable home environment or make important decisions for their child. In cases of sole custody, a visitation agreement will define the non-custodial parent’s right to spend time with their child.

We will work tirelessly to ensure these arrangements are implemented and upheld after the divorce or separation is finalized.

Resolving Complex Child Custody Issues

Sometimes, issues are raised that make child custody even more complex. Our NY attorneys are adept at handling complicated child custody matters, including:

• Allegations of abuse or neglect
• Domestic violence
• Special needs of a child
• Unique economic or residency situations
• Either parent’s active duty military service

We can also handle child custody cases involving physical custody relocation and interstate jurisdiction under the Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA).

Our legal team is committed to representing the interests of children and parents in all aspects of child custody arrangements. We use our experience and creative planning skills to work through these difficult custody issues and find a solution that allows parents to move forward from a dispute with a combined focus on raising their kids in the best way possible. When negotiations fail, our attorneys have the skills and experience to zealously represent parents in custody litigation.

Frequently Asked Questions

Does New York favor mothers in child custody cases?

No. New York law gives neither parent an automatic advantage. Domestic Relations Law 240(1)(a) and Domestic Relations Law 70 both provide that there is no prima facie right to custody in either parent, and courts decide contested cases solely under the best interests of the child standard. The maternal preference once known as the tender years doctrine no longer applies.

At what age can a child decide which parent to live with in New York?

There is no age at which a child chooses. New York courts treat a child’s stated preference as one factor among many, giving it more weight as the child’s age and maturity increase, but the preference never controls the outcome on its own. A custody order remains binding until the child turns 18 or becomes emancipated.

What does an attorney for the child do in a custody case?

An attorney for the child, formerly called a law guardian, is a lawyer appointed by the court to represent the child directly. Under 22 NYCRR 7.2, that attorney must zealously advocate the child’s own stated position, and may argue a contrary position only when the child lacks capacity for considered judgment or following the child’s wishes would create a substantial risk of imminent, serious harm.

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

Both courts can decide custody. Family Court hears custody and visitation petitions under Article 6 of the Family Court Act, including cases between parents who were never married. Supreme Court decides custody as part of a divorce, because Family Court has no authority to grant a divorce. Choosing the wrong forum can delay resolution.

How long does a child custody order last in New York?

A custody order stays in effect until the child turns 18, becomes emancipated, or the court modifies it. New York courts lose jurisdiction over custody once a child reaches 18. Until that point, both parents remain legally bound by the order and its parenting time schedule, including in situations where an older child objects to it.

Is child custody decided separately from child support?

Yes. Custody governs parenting time and decision making authority, while child support is a separate financial obligation calculated under statutory guidelines that rely largely on parental income. The two obligations are independent of one another, so a dispute over one does not excuse a parent from complying with the other.

Can an unmarried father get custody in New York?

Yes, once paternity is legally established. The mother of a child born outside marriage holds custody by default until a court orders otherwise, and an unmarried father must first establish paternity through a signed Acknowledgment of Paternity or an Order of Filiation issued by Family Court. After that, both parents stand on equal footing under the best interests standard.

Do parents have to go to court if they already agree on custody?

Parents who agree can resolve custody by written agreement rather than litigation, but that agreement should be reduced to a court order. An informal or verbal arrangement leaves neither parent with any mechanism to enforce the schedule if the other stops following it, which is a common source of later disputes.

What is a forensic evaluation in a custody case?

A forensic evaluation is a court ordered assessment of the parents and the child by a mental health professional, used when a judge needs an independent view of parenting capacity or family dynamics. Domestic Relations Law 240(1)(a-3) permits the court to appoint an evaluator who is a licensed psychologist, psychiatrist, or social worker. The resulting report informs the judge but does not bind the decision.

How does domestic violence affect a custody decision?

Proven domestic violence is a mandatory consideration. Domestic Relations Law 240(1)(a) requires a court that finds domestic violence by a preponderance of the evidence to weigh its effect on the child’s best interests and to state on the record how that finding factored into the direction. The conduct does not have to have been directed at the child itself.

Do I have to prove the other parent is unfit to get sole custody?

Unfitness is not the legal test. A court awards sole custody when the evidence shows that arrangement serves the child’s best interests, which frequently turns on whether the parents can communicate and cooperate well enough to share decision making. Joint custody is generally unworkable where the relationship between the parents is deeply acrimonious.

Can a custody order be changed, or can a parent relocate with the child?

Both are treated as modification matters rather than initial custody determinations, and each requires a court order rather than a private agreement between the parents. Requests to change an existing arrangement, including relocation within New York or out of state, are covered on our Child Custody Modifications page.

Contact Our New York Child Custody Attorneys

Our attorneys are available to represent parents throughout New York. If you have questions about child custody, we can provide answers. Let a legal professional at our firm advocate for your family’s best interests in court.

For further information about how our New York child custody lawyers can help you, please contact our law firm on Long Island at 516-328-2300, in Brooklyn at 718-215-5300, White Plains at 914-607-7010, Rochester at 585-218-9999 or Albany at 518-535-9477 to schedule an initial consultation.