Getting Sole Custody in New York

Brooklyn family lawyers help parents protect their children

Under current New York laws, getting sole child custody of one’s child is a serious challenge. Before a judge will grant one parent full legal authority regarding decisions relating to a child and direct that the youth live exclusively in that parent’s home, there must be a reason to disqualify the other parent. At Goldberg Sager & Associates in Brooklyn, we’ve seen situations where sole custody was the best option for a client’s son or daughter. Our family law attorneys know how to develop a persuasive case for sole custody under New York law. If that type of arrangement would benefit your child, we will provide strong advocacy on your behalf. 

Proving sole custody is best for the children

New York family court judges make custody decisions based on what they believe to be in the best interests of the child(ren). However, there is a strong presumption that frequent meaningful contact with both parents benefits young people. Many courts favor joint physical custody as a means of assuring frequent, meaningful contact. As for legal custody, courts are inclined to have parents share decision-making authority for their children, even if one parent has sole physical custody. 

A parent who seeks sole physical custody must provide evidence that indicates the children would be best served by living full-time in one residence with one custodial parent. Sole legal custody would require evidence indicating that only one parent is capable of exercising sound judgment where the children are concerned. 

Factors considered in granting sole custody in New York

On the question of physical custody, a court will inquire whether a parent has the ability to provide a healthy and safe environment for the children and if they can be a responsible caregiver while their children reside there. Parents who are otherwise fit and responsible individuals may nevertheless be unable to provide an appropriate living space. One reason is that they might not be present when needed due to their work schedule. Accordingly, it’s not unusual for a judge to deny joint physical custody while granting joint legal custody.    

Why would a parent be considered unfit for child custody?

A parent might be unfit for physical custody for situational reasons, such as a small home or a medical problem, but there are also character-related reasons that can make a parent unfit for any type of custody, such as:

• History of verbal, physical or sexual abuse
• History of substance abuse
• Anger management issues
• Gross immaturity
• Mental illness
• Criminal activity
• Immoral lifestyle

A parent who alleges that their former partner should be denied custody due to one or more of these issues must be prepared to present evidence in court to support their claim.

Steps to take to seek sole custody 

A parent can seek sole custody as part of a legal separation or divorce process, a non-marital custody dispute or by a motion to modify a custody agreement. In each case, the parent seeking custody petitions the court for a sole custody order. The court holds a hearing on the issue, and each parent may present evidence and call witnesses on their behalf. Whether you’re seeking sole custody or are opposing your co-parent’s attempt to establish it, you should start by contacting a Brooklyn child custody lawyer to discuss your concerns. 

Who can file for full custody in NY?

Either parent is entitled to file for full custody of their children. Under “extraordinary circumstances” other individuals may also request sole custody. Extraordinary circumstances might include a parent's neglect or abuse, parental abandonment, a parent’s imprisonment or other serious acts which might undermine the child's well-being. Often grandparents, aunts, uncles and even older siblings will file for custody of abused or neglected children.

How does sole custody impact visitation rights in NY?

Sole custody might have no impact at all on a noncustodial parent’s visitation. However, if a parent is found unfit, the court can restrict visits, require supervision or deny visitation entirely.

Call a Brooklyn family lawyer for a consultation

To speak with an accomplished family lawyer at Goldberg Sager & Associates in Brooklyn, call 718-645-6677 or contact us online for a consultation regarding sole custody or another concern. We serve clients throughout Brooklyn, Queens, Manhattan, The Bronx and Staten Island, as well as Westchester, Nassau and Suffolk counties.