Child Custody & Visitation | Long Island Family Law Attorney

In New York, custody and visitation matters may be addressed in either Family Court or Supreme Court, depending on the parties’ circumstances and the procedural posture of the case.

Family Court

Either parent may file a petition for custody or visitation in Family Court in the appropriate county, which is generally the county where the child resides. Family Court is available to both married and unmarried parents. In some situations, even when parties are married and a divorce action is contemplated or pending, there may be strategic reasons to commence a custody proceeding in Family Court rather than addressing custody solely within the divorce action.

Supreme Court

Supreme Court may address custody issues only in the context of a matrimonial action, such as a divorce, separation, or annulment proceeding. As a result, Supreme Court custody matters are generally limited to married parties. While custody can often be resolved within the divorce action itself, there are circumstances where pursuing custody proceedings in Family Court may provide procedural or strategic advantages. Determining the appropriate forum depends on the specific facts, goals, and posture of each case.

Mediation may be encouraged to help parents reach a mutual agreement outside of court. If an agreement cannot be reached, the court will schedule a hearing where both parents can present evidence and arguments supporting their case.

Once in court, the court/Judge will then consider factors such as the child's best interests, including their relationship with each parent, their home environment, and their health and safety.

Ultimately, the court will make a decision regarding custody and visitation arrangements based on what it deems to be in the child's best interests. It's important for individuals navigating this process to seek legal guidance to ensure their rights and the child's best interests are protected throughout.