NEW YORK, NY - Custody disputes in New York can shape where a child lives, who makes decisions about education and healthcare, and how much time each parent spends with the child for years to come. Manhattan child custody lawyer Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/child-custody-lawyer-new-york/) recently published comprehensive guidance covering how custody is determined under New York law, the types of arrangements available, and the legal standards courts apply.
According to Manhattan child custody lawyer Ryan Besinque, child custody in New York is governed by Domestic Relations Law § 240 and Family Court Act § 651, which give both Family Court and Supreme Court jurisdiction over custody and visitation proceedings. Courts no longer presume that the mother is the preferred custodian, and both parents have equal standing under the law. "Custody decisions today come down to the best interests of the child, not assumptions about gender," Besinque explains.
Manhattan child custody lawyer Ryan Besinque notes that the best interests standard, established by the New York Court of Appeals in Eschbach v. Eschbach, requires courts to evaluate the totality of a child's circumstances. Relevant factors include each parent's ability to provide consistent care, parenting skills, the child's current living arrangement, work schedules, sibling relationships, any history of domestic violence or substance abuse, and the child's preference if the child is old enough to express a reasoned choice.
Attorney Besinque points out that New York recognizes both physical custody, which determines where the child primarily lives, and legal custody, which governs major decisions about education, healthcare, religion, and general welfare. Each may be awarded as sole or joint custody, and courts often favor joint arrangements when parents can cooperate, while awarding sole custody when communication between the parents has broken down.
Besinque also addresses contested cases in Manhattan Family Court and New York County Supreme Court. The court may appoint an Attorney for the Child under FCA § 249 to independently represent the child's interests. The Attorney for the Child meets with the child, investigates the family circumstances, and presents the child's wishes and best interests to the judge. In some cases, a forensic evaluation by a mental health professional may also be ordered.
Unmarried parents have the same right to seek custody and visitation as married parents, but paternity must first be legally established under FCA Article 5. The firm explains that paternity can be acknowledged voluntarily at the hospital or established through a Family Court petition, and once established, an unmarried father has the same standing as a married father to seek custody or visitation under DRL § 240.
Relocation disputes follow the framework set out in Tropea v. Tropea, where the court weighs the relocating parent's reasons for moving against the impact on the noncustodial parent's relationship with the child. "A custodial parent who moves a significant distance without court approval can face contempt and even a change in custody," Besinque advises. To modify an existing custody or visitation order, a parent must show a substantial change in circumstances, and the court must find the requested change serves the child's best interests.
Domestic violence is a serious factor in any custody case in Manhattan. Under DRL § 240(1)(a), New York courts are required to consider the effect of domestic violence when making custody determinations, and a parent who has experienced abuse may seek an Order of Protection through FCA Article 8. Courts often order supervised visitation rather than completely denying parenting time, depending on the severity of the violence.
When one parent violates a custody or visitation order, the firm advises against withholding visitation in retaliation. Instead, the appropriate step is to file a violation petition in Family Court. If the court finds a willful violation, consequences may include contempt findings, fines, make-up parenting time, or a modification of custody in favor of the complying parent.
For parents anywhere in the five boroughs facing an initial custody determination, modification, or enforcement issue, The Law Office of Ryan Besinque provides representation in both Family Court and Supreme Court custody proceedings throughout New York City.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based family law practice serving clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. Led by attorney Ryan Besinque, the firm handles custody, visitation, divorce, support, and family offense matters in both Family Court and Supreme Court. For consultations, call (929) 251-4477.
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Website: https://www.besinquelaw.com/
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Phone: (929) 251-4477
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Website: https://www.besinquelaw.com/
