Skip to main content

How do I get sole custody in New York?

Sponsored Answer

Dealing with divorce is a long, stressful life event, especially if children are involved. Child custody is notorious for being emotionally exhausting, even when parents generally see eye to eye. Achieving joint custody can be difficult, and when finding harmony between parents seems impossible, it becomes an issue of seeking sole custody.

Whether seeking joint or sole custody, it’s ill-advised to show up to a child custody hearing unprepared. While every case is different, there is some standard knowledge about child custody decisions.

The Factors Of Child Custody

Determining child custody is a case of figuring out the best interests of the child. One common misconception is that custody will automatically go to the mother. But times have changed, and that is no longer the case. There are many different factors that a judge could look at:

  1. Who is the primary caretaker?
  2. How willing and able is each parent in taking care of the child?
  3. What is the overall health (mental/physical) of all the involved individuals?
  4. What is the quality of the home environment?
  5. What is the guidance that can be provided by each parent?
  6. What is the relationship of the child with those who surround them (parents/siblings/others)?
  7. What is the child’s adjustment to the home, school, and community?
  8. Does each parent respect each other and their rights?
  9. What is the willingness and ability of each parent to cooperate?
  10. What is each parent’s ability to provide for the child’s needs (economic/emotional/intellectual)?
  11. What is the suitability of the parenting plans offered by each parent?
  12. The suitability of parenting plans submitted by each party.

As mentioned previously, every child custody case is going to be different. In issues of sole custody, a law guardian represents the child. Appointed by the court, the job of a law guardian is advocating for the child. Beyond that it, if it is called for, a forensic psychologist or psychiatrist may be brought in to assist on making a ruling.

To get a better idea of what to specifically expect, reaching out to a legal professional who is familiar with divorce law and how to prepare for child custody could be a great step forward. That way, the respective client will be able to go into a child custody having a full understanding of potential outcomes, and what behaviors and answers can help bring forth the best outcome.

Other Answers About Custody & Visitation

Photo of Stuart Skok

How Do You Establish A Common Law Marriage In Colorado?

A common law marriage and a traditional marriage are created differently, but they are treated the same in the …

Sponsored answer by Stuart Skok

Photo of Stuart Skok

How Is Child Custody Determined In Colorado?

Since 1999, Colorado has used the term “parental responsibilities” instead of custody for determining …

Sponsored answer by Stuart Skok

Photo of J. W. Carney, Jr.

How do I decide whether to go to trial or accept a plea bargain in Massachusetts?

Deciding whether to go to trial or accept a plea bargain is tricky when you face criminal charges. The answer is …

Sponsored answer by J. W. Carney, Jr.

Call Me

To: David Mejias

Super Lawyers: Potential Client Inquiry

Required fields are marked with an asterisk (*).


The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship. The use of the internet or this contact form for communication is not necessarily a secure environment. Contacting a lawyer or law firm email through this service will not create an attorney-client relationship, and information will not necessarily be treated as privileged or confidential.

Page Generated: 0.31309509277344 sec