Family Law
Child Custody
Nothing is more important to most parents than their relationship with their children. When that relationship is in jeopardy — because of a divorce, a separation, or a change in circumstances — the fear and anxiety can be overwhelming. I want you to know that what happens in a custody proceeding is not arbitrary. The law has a framework, the courts have standards, and an experienced attorney can make a real difference in the outcome.
I have 24 years of experience as an attorney, admitted in 2002, and represent parents in Rockland County Family Court custody proceedings. I understand how these cases are evaluated, what judges look for, and how to present your relationship with your children in the most effective light. This is not a fight for the sake of fighting — it is advocacy for the most important relationship in your life.
Legal Custody vs. Physical Custody in New York
Legal custody refers to the right to make major decisions about a child's upbringing — education, medical care, religious training. Sole legal custody means one parent has this authority; joint legal custody means both parents must agree on major decisions.
Physical custody (also called residential custody) refers to where the child primarily lives. The non-custodial parent typically receives parenting time (visitation). Shared physical custody — where the child splits time more evenly — is also possible.
How New York Courts Decide Custody
New York courts apply the "best interests of the child" standard in all custody determinations. There is no presumption in favor of either parent based on gender. Factors the court considers include: the quality of each parent's relationship with the child; each parent's ability to provide stability; the child's own preferences (depending on age); any history of domestic violence or abuse; each parent's willingness to support the child's relationship with the other parent; and the practical logistics of each proposed arrangement.
When Custody Can Be Modified
An existing custody order can be modified if there has been a substantial change in circumstances since the order was entered. Examples include: a significant change in one parent's work schedule; relocation; changes in the child's needs; or new safety concerns. Modification requires a court proceeding and a new best-interests analysis.
Frequently asked questions
What does "best interests of the child" mean in New York?
Best interests is the overarching standard in all New York custody decisions. It is not a single factor but a holistic evaluation of everything relevant to the child's welfare — the quality of each parent's relationship with the child, each parent's home environment and stability, the child's own preferences (for older children), any history of abuse or neglect, and each parent's willingness to support the child's relationship with the other parent.
Does it matter who files for custody first?
Generally, no — New York courts do not give an advantage to the parent who filed first. What matters is the quality of each parent's relationship with the child and the best-interests analysis, not who initiated the legal proceeding.
Can a custody order be modified in New York?
Yes — custody orders can be modified when there is a substantial change in circumstances since the original order was entered. The court will conduct a new best-interests analysis in deciding whether to modify.
Speak with Yvonne directly
Your relationship with your children is worth fighting for. Call (845) 290-2492 for a confidential consultation. Se habla español.