FAQs: Child Custody

Home/FAQs/FAQs: Child Custody

How do spousal abuse, orders of protection, etc., affect custody and support judgments?

Domestic violence is a factor that a judge can take into consideration in deciding a custody matter. If a child is harmed physically, mentally or psychologically by domestic violence, the offender could have extremely limited contact with the child going forward. Depending on the facts and circumstances, a court may order evaluations for mental health or substance abuse issues.  Information obtained in this process and the opinions of service providers may impact the custodial arrangements. [...]

How do spousal abuse, orders of protection, etc., affect custody and support judgments?2020-03-08T09:18:40+00:00

Can I modify custody?

You can modify a custody order in New York if you can establish that there has been a substantial change in circumstances since the last custody order was made. What is considered substantial is up to the court to decide. If you can show sufficient evidence of a substantial change in circumstances, then the court will review the new situation and make a modified custody order, applying the same standard as before: the best interests [...]

Can I modify custody?2020-03-08T09:18:40+00:00

Who will get custody of our child?

If you and your spouse cannot reach an agreement on the custodial arrangement for your child, then custody can be determined through Family Court or as part of a divorce action. The court will make its custody decision by determining what specific terms are in the best interests of the child. The court will examine how each parent meets the child’s mental, emotional, psychological, medical, educational, and nutritional needs. Each case is decided based on [...]

Who will get custody of our child?2020-03-08T09:18:40+00:00