What do I Need to Know About Obtaining Child Custody in New York?

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The process of any divorce is difficult and brings up a great deal of emotion. This is especially so when the couple has children, as they are required to determine their future arrangements as well. The most important issue during this time is the child custody agreement. Continue reading below to learn more about custody and how it is determined in New York. 

What Are Types of Custody?

There are many parents who are able to reach agreement regarding the custody of their children on their own. However, if they cannot, the parents may be required to go to court and let a judge decide for them. During this time, there are two main types of custody that are awarded in a divorce. This includes:

  • Physical custody: This determines the parent the child lives with and spends the most of their time with. The parent with physical custody is responsible for the child’s residence and daily life/care. In some cases, the court may award sole physical custody to a parent if the other parent is “unfit” and believed to endanger the child. However, visitation rights may still be allowed.
  • Legal custody: This is in regard to a parent’s right to be involved in making decisions for the child throughout their upbringing. This can include healthcare, academics, religion, and the child’s general well-being. It is important to fight for legal custody even if the parent does not have physical custody.

What Factors Are Considered?

When the court determines custody, the judge takes several outside factors into consideration. This is all used to determine what is in the best interest of the child. Oftentimes, both parents believe they are what is best for their child. It is because of this that the judge will consider the following before reaching a decision:

  • If a parent can provide stability in the child’s current life (home, school, activities, etc)
  • The relationship between the child and each parent
  • Both parents’ work schedule and lifestyle
  • Any history of domestic violence and abuse
  • Any history of alcohol and drug abuse
  • The health of both parents as well as the child
  • The child’s preference

Contact our Firm

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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