Classical courthouse in New York City, representing child custody and parenting time legal services

Child Custody and Parenting Time Lawyer in New York City

Representing parents in Family Court and Supreme Court custody matters — initial custody determinations, modifications, enforcement, relocation, and contested trials — under New York Domestic Relations Law § 240 and Family Court Act Article 6.

Schedule a Confidential Consultation (917) 565-7286

Overview

What This Practice Covers — and Who Needs It

Child custody matters are among the most emotionally demanding and legally consequential family law cases. The court's decisions shape how parents will raise their children, where the children will live, and how major life decisions will be made for years to come. Unlike property disputes, custody determinations affect the daily lives of both parents and their children in ways that cannot be undone by later litigation. Getting the initial determination right — and working with counsel who understands both the legal framework and the practical realities of co-parenting — matters substantially.

Yazdi Law represents parents in custody and parenting time matters across New York City and the surrounding counties — Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County, Suffolk County, and Westchester. Our practice covers initial custody determinations in both Family Court and Supreme Court (as part of a divorce), post-judgment modifications when circumstances change, enforcement when the other parent violates existing orders, relocation proceedings when one parent seeks to move with the children, emergency custody applications, and contested custody trials. We represent mothers, fathers, unmarried parents, and in appropriate cases grandparents and other non-parents with standing. Our matrimonial practice is led by Amirali Oloomiyazdi, Esq. Representation is available in English and Farsi. If you are facing a custody dispute or anticipate one, call (917) 565-7286 to schedule a confidential consultation — the decisions you make early in the process shape the entire case.

Legal Foundation

The Legal Framework

New York child custody law is built on a single controlling principle — the best interests of the child — applied through statutory provisions and decades of case law. The framework is intentionally flexible because every family's circumstances are unique, but the analysis follows an established structure.

The best interests of the child standard

Under New York Domestic Relations Law § 70(a) and § 240, every custody determination must be made based on what serves the best interests of the child. The New York Court of Appeals established the controlling framework in Eschbach v. Eschbach, 56 NY2d 167 (1982) and its companion case Friederwitzer v. Friederwitzer, 55 NY2d 89 (1982): there are no absolutes, no presumptions favoring mothers or fathers, and no single factor that controls. Courts weigh the totality of the circumstances, giving appropriate weight to each relevant factor based on the specific family. The Court of Appeals in Lincoln v. Lincoln, 24 NY2d 270 (1969) established that the child's interests are superior to those of either parent — an important principle that shapes how custody disputes are framed and argued.

Legal custody vs. physical custody

New York recognizes two distinct categories of custody. Legal custody under DRL § 240(1)(b) is the right and responsibility to make major decisions about the child's upbringing — education choices, medical and dental care, religious upbringing, extracurricular activities, and similar major life decisions. Physical custody under DRL § 240(1)(a) refers to where the child primarily resides. Each can be awarded solely to one parent or jointly to both. Common arrangements include joint legal custody with one parent having primary physical custody (the most common arrangement in NYC), sole legal and physical custody to one parent, and joint legal and joint physical custody with a detailed parenting time schedule. New York is not a presumptive 50/50 custody state — courts evaluate each family's circumstances rather than defaulting to any particular division.

Parenting time (formerly ‘visitation’)

New York courts now generally use the term ‘parenting time’ rather than ‘visitation’ to describe the schedule under which each parent spends time with the children. The term change reflects the reality that both parents continue parenting after custody determinations — the parent without primary physical custody is not merely a visitor in the child's life. Parenting time schedules typically address weekday schedules, weekend schedules, holidays and school breaks, summer vacation, communication between parents and children during the other parent's time, transportation arrangements, and modifications for special occasions. Parenting time is typically ‘reasonable and meaningful’ to foster the child's relationship with both parents absent specific concerns warranting restrictions.

Factors the court considers

New York case law identifies numerous factors courts consider in determining best interests, though the list is not exhaustive and the weighing is case-specific. Recurring factors include: which parent has been the primary caregiver during the marriage or relationship (feeding, bathing, medical appointments, school involvement); each parent's relative fitness, including mental and physical health, substance abuse issues if any, and parenting ability; the stability each parent can provide, including home environment, consistency, and continuity with school and community; each parent's ability to foster the child's relationship with the other parent (alienation concerns weigh heavily against the alienating parent); the quality of each parent-child relationship; siblings' custody status (courts prefer to keep siblings together); the child's own preferences where age-appropriate (generally given more weight starting around age 12, though no fixed age controls); allegations or findings of domestic violence under DRL § 240; and the child's educational and special needs. Under the Court of Appeals' 2016 decision in S.L. v. J.R., 27 NY3d 558, contested custody determinations generally require plenary evidentiary hearings — shortcuts based on submitted papers alone are reversible error.

Domestic violence and abuse

When either parent alleges domestic violence or the court finds evidence of it, DRL § 240 requires the court to consider the effect of the domestic violence on the best interests of the child, and to state on the record how those findings factored into the custody determination. Domestic violence in the child's presence is weighed particularly heavily. A finding of domestic violence does not automatically deprive a parent of custody or parenting time, but it is a substantial factor that can lead to supervised parenting time, specific safety conditions, or in serious cases denial of custody. Protective orders under Family Court Act Article 8 can be sought concurrently with custody petitions where safety concerns exist.

Family Court vs. Supreme Court

Custody matters can be heard in either Family Court or Supreme Court depending on context. During a divorce action, the Supreme Court has jurisdiction over custody, parenting time, child support, and related matters under DRL § 240. Outside of a divorce — for unmarried parents, post-divorce modifications, enforcement, or separate custody proceedings — the Family Court has jurisdiction under Family Court Act Article 6. Family Court has no filing fees, making it more accessible to parents with limited resources. Family Court in Manhattan is located at 60 Lafayette Street; each borough has its own Family Court. Both courts apply the same best interests standard and the same substantive law — the choice of court is often driven by whether the case is embedded in a broader divorce proceeding or stands alone.

Attorney for the Child

In contested custody cases, the court often appoints an Attorney for the Child (AFC) under 22 NYCRR 7.2 to represent the children's interests independently of the parents. The AFC is not a parent's advocate — the AFC represents the child, interviews the child, and articulates the child's position to the court. Depending on the child's age and maturity, the AFC may advocate for what the child wants or, for younger children, for what the AFC determines is in the child's best interests. AFCs are typically skilled family law practitioners; their recommendations carry substantial weight with the court. Parents should understand the AFC's role and not attempt to influence the AFC through the child, which courts notice and weigh against the interfering parent.

How It Works

The Process, Step by Step

Custody matters at Yazdi Law proceed through the stages below. Timing varies substantially based on court calendars, the complexity of the case, and whether the parties reach agreement at various points. Uncontested custody cases — where parents agree on terms — can be resolved relatively quickly; contested custody cases typically take 6 to 18 months or longer, particularly when forensic evaluations are ordered.

Initial consultation and strategic planning

The first consultation covers the circumstances of the current custody situation, what outcome you are seeking, the other parent's position if known, any safety concerns, and urgent protective needs if applicable. We discuss whether Family Court or Supreme Court is the appropriate venue (depending on whether there is a pending divorce), the realistic range of outcomes, the expected timeline, and whether emergency relief is warranted. For parents in active crisis — recent separation with children, sudden move-out by the other parent, allegations of abuse — we can move quickly on emergency or temporary applications.

Filing and initial appearance

In Family Court, a custody case is commenced by filing a petition (no filing fee). In Supreme Court as part of a divorce, custody issues are addressed within the matrimonial action. After filing, the court schedules an initial appearance, typically within a few weeks. At the initial appearance, the court may enter temporary custody and parenting time orders (particularly where urgent issues exist), appoint an Attorney for the Child if appropriate, set a discovery schedule, and establish next steps. For parents who need emergency relief — genuine safety concerns, flight risk by the other parent, immediate parenting time violations — we file orders to show cause with supporting affidavits seeking ex parte or expedited relief.

Discovery and investigation

Contested custody cases involve several forms of investigation. Financial disclosure establishes the parties' incomes and resources (also relevant to child support determinations). Discovery into each parent's caregiving role, work schedule, home environment, and fitness proceeds through document requests, interrogatories, and depositions where warranted. For cases involving mental health concerns, substance abuse allegations, or significant parenting concerns, the court may appoint a forensic evaluator — typically a licensed psychologist — to assess the family and make recommendations. Forensic evaluations are intrusive but often decisive, and we prepare clients carefully for the process.

The Attorney for the Child's investigation

The AFC independently investigates the case — interviewing the children (usually in the AFC's office, away from both parents), meeting with each parent, reviewing relevant records (school, medical, therapeutic), and sometimes observing parent-child interactions. The AFC develops a position based on this investigation. Parents should cooperate fully with the AFC's process, provide requested documentation promptly, facilitate interviews, and avoid any appearance of coaching the children. AFCs are experienced at detecting parental influence, and attempts to influence the AFC through the child reliably backfire.

Settlement conferences and mediation

Courts often schedule settlement conferences to explore resolution without trial. New York offers court-sponsored mediation through the Unified Court Mediation Services, where a neutral mediator works with both parents to develop a parenting plan. Mediation is voluntary and confidential; either parent can stop at any time. Agreements reached through settlement or mediation are documented in stipulations that become court orders. The majority of custody cases resolve through some form of settlement rather than trial, because settlement offers parents more control over the outcome than leaving the decision to a judge, and because children benefit when parents can collaborate on arrangements.

Trial and decision

When settlement is not possible, contested custody cases proceed to trial before a Family Court or Supreme Court judge (or in some boroughs, a court attorney-referee in Family Court). There is no jury in custody cases. The trial involves testimony from both parents, witnesses (therapists, teachers, extended family), the forensic evaluator if appointed, and often the AFC's position. In appropriate cases, the judge may conduct an in camera interview with older children under the Lincoln v. Lincoln doctrine — a private conversation with the child, typically with the AFC present and without the parents, to hear the child's perspective directly. Following trial, the court issues a written decision with findings of fact and conclusions of law addressing each parent's strengths and the basis for the custody and parenting time determination.

Modification and enforcement

Custody orders are not permanent — they can be modified when there is a substantial change in circumstances warranting reconsideration under the best interests standard. Changes that commonly warrant modification include a parent's relocation, a change in work schedule affecting the parenting schedule, changes in the child's needs, deterioration in a parent's fitness, or persistent violation of the existing order. Enforcement proceedings under Family Court Act § 156 or violation motions in Supreme Court address situations where one parent is violating an existing order — withholding the child, denying parenting time, or violating specific order terms. Enforcement can result in make-up parenting time, modification of custody, fines, and in serious cases incarceration for contempt.

Special Situations

Beyond initial custody determinations, several specific situations arise frequently in NYC custody practice.

Relocation

A custodial parent's proposed move — whether out of state, out of the country, or even significantly within the state — triggers a relocation analysis under Tropea v. Tropea, 87 NY2d 727 (1996). The moving parent must demonstrate that the proposed relocation is in the child's best interests, considering factors including the reasons for the move, the impact on the child's relationship with the non-moving parent, the educational and lifestyle opportunities at the new location, and whether a meaningful schedule with the non-moving parent can be maintained. Relocation cases are among the most contested in custody practice because they fundamentally reshape the other parent's relationship with the child.

Unmarried parents

For unmarried parents, the father must first establish paternity (through acknowledgment of paternity at the child's birth or a paternity determination in Family Court) before he has standing to seek custody or parenting time. Once paternity is established, unmarried parents have the same rights to custody and parenting time as divorced parents — there is no presumption favoring mothers in unmarried-parent cases, and the same best interests standard applies. Family Court is typically the appropriate forum for unmarried-parent custody cases.

Grandparents and other non-parents

Under DRL § 72, grandparents may petition for visitation in specific circumstances — typically where one or both of the child's parents are deceased, or where equity justifies the court intervening despite parental objections. Under DRL § 71, siblings (including half-siblings) have standing to petition for visitation with each other. Non-parent custody petitions (grandparents, aunts, uncles, or other relatives seeking custody) face a higher bar — under the constitutional standard recognized in Troxel v. Granville, parental custody rights are presumptively superior, and non-parents must demonstrate extraordinary circumstances (parental unfitness, extended disruption of custody, or similar) to seek custody over a fit parent's objection.

Domestic violence situations

Where domestic violence is a feature of the case, protective orders under Family Court Act Article 8 can be sought concurrently with custody proceedings. The court considers domestic violence as a factor in the custody determination under DRL § 240 and may restrict or supervise parenting time based on safety concerns. Victims of domestic violence should document incidents carefully, work with counsel to coordinate protective order and custody proceedings, and prioritize safety planning throughout the process.

Military parents

DRL § 240(2)(l) contains specific provisions for military parents addressing custody during deployment, temporary assignments, and reintegration after service. Custody modifications made because of military service are subject to review upon the parent's return, and the return from military service is considered a substantial change in circumstances. The Servicemembers Civil Relief Act provides additional protections for military parents in custody proceedings.

Confidential Consultation

Facing a custody dispute? Get experienced counsel involved early — the first decisions shape the case.

(917) 565-7286 amirali@yazdi-law.com

Pricing

Costs and What's Included

Custody matters at Yazdi Law are typically handled on a retainer-and-hourly fee arrangement set at the initial consultation and detailed in a written retainer agreement. Retainer amounts and hourly rates depend on case complexity — straightforward uncontested matters where parents have largely agreed on terms are less expensive than contested custody trials with forensic evaluations and extensive discovery. Family Court has no filing fees; Supreme Court divorce-based custody proceedings are folded into the divorce engagement.

Representation typically includes initial case evaluation and strategic planning, preparation and filing of custody petitions or responses, representation at initial appearances and all subsequent court dates, discovery management, coordination with the Attorney for the Child and forensic evaluator where appointed, settlement negotiation and mediation if pursued, trial preparation and representation, and post-order work including order entry and enforcement as needed. Modifications and enforcement proceedings following existing orders are handled on separate engagements as the need arises. Emergency and temporary orders are available to our clients as part of ongoing representation.

We recognize that many parents facing custody disputes have constrained resources, particularly when they have been financially dependent on the other parent during the marriage or relationship. For divorce-based custody cases, DRL § 237(a) creates a presumption in favor of interim counsel fee awards from the more-monied spouse, which can help level the playing field. For Family Court cases, fee awards are available under Family Court Act § 438 in appropriate circumstances. Initial consultations are confidential; we discuss realistic paths forward and help you understand what the case will involve before you commit to proceeding.

FAQ

Frequently Asked Questions

How does a New York court decide who gets custody?

New York courts decide custody based on the best interests of the child under Domestic Relations Law § 70(a) and § 240, applying the framework established by the Court of Appeals in Eschbach v. Eschbach (1982) and Friederwitzer v. Friederwitzer (1982). There are no presumptions favoring mothers or fathers — the law requires equal treatment of both parents. Courts weigh the totality of the circumstances, considering factors including which parent has been the primary caregiver, each parent's relative fitness and ability to provide a stable environment, each parent's willingness to foster the child's relationship with the other parent, the child's preferences where age-appropriate, siblings' custody status (courts prefer to keep siblings together), domestic violence considerations under DRL § 240, and the child's educational and special needs. No single factor controls — each case is decided on its specific facts.

At what age can my child choose which parent to live with?

New York has no specific age at which a child's preference becomes controlling. Children's preferences are one factor among many that courts consider, with more weight given as children mature and articulate reasoned preferences. Generally, courts give more significant weight to preferences of children around age 12 and older, though children younger than 12 may also express preferences the court considers. Courts are alert to signs that a child's stated preference may have been influenced by one parent — coaching, bribery, alienation — and discount preferences that appear to reflect parental manipulation rather than the child's genuine views. In appropriate cases, the judge may conduct an 'in camera' interview with the child under the Lincoln v. Lincoln (1969) doctrine — a private conversation away from both parents, typically with the Attorney for the Child present, to hear the child's perspective directly.

Can I move out of state with my child?

Moving out of state with your child generally requires either the other parent's consent, compliance with relocation provisions in your existing custody order, or court approval after a hearing. Under Tropea v. Tropea (1996), the parent proposing to relocate must demonstrate that the move is in the child's best interests — not just the parent's best interests. Courts consider factors including the reasons for the proposed move, the impact on the child's relationship with the non-moving parent, educational and lifestyle opportunities at the new location, and whether a meaningful schedule with the non-moving parent can be maintained after the move. Relocating without permission — even for legitimate reasons like a job opportunity or family support — can result in emergency orders requiring the child's return and substantial negative consequences in the custody determination. If you are considering relocation, consult with counsel before taking any action.

What happens if my ex violates our custody order?

Violations of custody orders — withholding the child during your parenting time, denying makeup time, unilaterally changing the schedule, or violating specific order provisions — are enforceable through the court. You can file a violation petition (Family Court Act § 156) or a motion for contempt in Supreme Court, depending on where the order was issued. Remedies available to the court include make-up parenting time, order modification, monetary sanctions, attorney's fees, and in serious or repeated cases contempt findings that can result in fines or incarceration. Documentation is essential — keep a detailed record of each violation with dates, times, circumstances, and supporting evidence (texts, emails, witness observations). Consistent violations can also support modification of custody in appropriate cases, because a parent who persistently undermines the other parent's relationship with the child is acting contrary to the child's best interests.

Schedule a Consultation

If you are facing a custody dispute, considering filing for custody, dealing with the other parent's violations of an existing order, or considering relocation with your child, call Yazdi Law at (917) 565-7286 or request a consultation online. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are confidential. Representation is available in English and Farsi. In urgent situations — active safety concerns, the other parent's abrupt relocation with the child, or immediate parenting time violations — we move quickly to seek emergency or temporary orders. The decisions you make early in a custody matter shape the trajectory of the case; experienced counsel should be involved as early as possible.

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Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. New York child custody and parenting time law evolves through case law and statutory amendment; the principles discussed reflect the state of the law as of the date of publication. Every case is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.