Child custody and visitation is one of the most complex and nerve-wracking aspects of any divorce or separation. Child custody and visitation in New York is, in fact, one of the most complicated issues a court or mediator must wrestle with.

Factors the Court Considers

The court will take a wide range of factors into consideration when determining child custody and visitation in New York:

• The willingness of each parent to cooperate – the court favors parents who are open to cooperation. In recent years in New York, this factor has taken on greater and greater importance by the Courts.
• Primary caregiver status: The court will consider which parent has been the child’s primary caregiver (typically whichever spouse stays home to raise the children). This can include who feeds and shops for the child, who takes the child to the doctor, who helps the child with homework, takes the child to birthday parties, sporting events, religious observances and makes sure the child brushes their teeth, makes their bed or walks the dog.
• Parenting skills: The court will make an effort to understand the skill sets of each parent, especially if any of the children have special needs.
• Health: The court will make an effort to determine the relative mental and physical health of each parent and award custody to those judged most capable.
• Domestic Violence: The court will be intolerant of any sort of domestic violence and abuse, whether physical, mental or emotional.
• Scheduling: The court will investigate the work schedules of each parent to determine which will have the most time for child care.
• Family support: The court will investigate the family bonds of each spouse, and the amount of support they can each expect from extended family.
• The desires of the child will be taken into account; the older the child, the more weight will be given to their opinions.

Custody is an extremely complex issue. It’s usually best for the parents to work out a reasonable and cooperative separation agreement detailing desired custody and visitation before entering the court.