Last Updated on: 23rd June 2025, 09:43 pm

Bronx Child Custody Attorney: Complete Guide to New York Child Custody Laws and Best Interest Factors

Understanding Child Custody Laws in the Bronx

Child custody cases in New York are governed by statutes and case law. Those laws require the judge in a child custody case to consider certain factors and order a custody schedule that is in the best interest of the children. Our Spodek Law Group attorneys can provide legal representation to parents in child custody cases to help pursue the custody schedule they seek to obtain.

In New York, the “child’s health and safety shall be the paramount concerns” when making a decision. The court awards custody and visitation based on what is best for the child.

Critical Factors Judges Consider in Child Custody Cases

In every child custody case, the judge is required to consider any relevant factor. The law requires the judge to consider some specific factors. These include the following:

1) The Wishes of the Parents

The judge will consider the custody schedule and concerns expressed by each of the parents. The motivation behind why the parent is requesting that schedule is also a relevant factor. The lawyers at Spodek Law Group can help present your wishes effectively to the court.

2) The Children’s Wishes

The court will consider the wishes of the children as to custody, provided the child has sufficient maturity to express and articulate the reasons for their wishes. In states like New York, 14-year-old children are deemed mature enough to express their preferences. In general, the court will give more weight to the wishes of older children than younger children. The court will also consider the reasons behind the child’s wishes, also whether the expressed wishes have been wrongfully influenced by a parent.

3) The Character of the Parties

The court may consider the character of each of the parties. This includes consideration regarding any criminal conduct of either party or other type of wrongdoing. The court may also consider issues related to the credibility of the parties. Criminal records and evidence of other conduct related to character may be presented to the court.

4) The Circumstances of the Parties

The court may consider the financial situation of each of the parties, job schedules, availability to provide care for the children, physical limitations, mental issues, and any other circumstance that may have an impact on the party’s ability to parent their children. Courts will also consider the parents’ behavior in court, and are more likely to give custody to the parent who will encourage the child to build a relationship with the other parent.

5) The Relationship of the Children to the Parties and Others

Evidence related to the historical relationship of the children to the parents, siblings, step siblings, and other family members may be relevant to a child custody case. For example, if one of the parents has traditionally been the primary caretaker of the children, then that factor would weigh in favor of that parent.

Additional Key Factors in Custody Determinations

Further, the ability of a parent to provide a consistent living environment and reduce the chance of uncertainty is important. In some situations, the court may require drug or alcohol testing as a condition of visitation.

What Custody Schedule Will the Court Order?

After considering the relevant factors, the court will order a custody schedule for the parties to follow. If the court orders a joint custody schedule, then the parties will each have a significant amount of time with the children. In situations where there is a risk of abuse or neglect, the court may require one of the parents to have supervised visitation. The court may include additional provisions setting forth various requirements for the parents to follow, including limitations on relocation, requirements to provide information to the other parent, limitations on who the children can associate with, and so on.

How Our Spodek Law Group Attorneys Can Help

Parents who are needing to establish a child custody order or modify an existing order should contact a child custody attorney from Spodek Law Group for legal representation. Our child custody attorneys can help present a parent’s case to the court and provide evidence to support your position. A child custody attorney from our firm can explain how the law applies to your situation and assess the strengths and weaknesses of your case. Our attorneys will advocate on your behalf and file the necessary paperwork to pursue the custody schedule and specific provisions that you desire.

Contact a Bronx child custody attorney from Spodek Law Group as soon as possible if you have questions about child custody in New York or seek to retain legal counsel.

Understanding Legal and Physical Custody in New York

In New York, a custody order is used to give one or both parents responsibility for a child’s current and ongoing care. In addition, a custody order may also issue responsibility of a child’s care to an individual other than the parents. Custody in New York can be broken down into two parts that include legal and physical custody. A court has the right to issue custody orders on children until they are 18 years of age. When there isn’t a court order, legal and physical custody of the child will be equally divided between the parents.

Legal and Physical Custody Explained

Parents who have legal custody have the right to make significant decisions about the care and upbringing of the child, which may include educational, medical, or religious decisions. Domestic Relations Law 70 provides that there shall be no prima facie right to the custody of the child in either parent in all cases.

Physical custody is also referred to as residential custody. The parent who has physical custody is responsible for the physical supervision and well-being of the child.

Getting Help With Custody Orders

Those who are in need of a custody order may be confused about where to begin. Should you file a petition first? Or would it be more suitable to handle proceedings through mediation? Making the right decision can be difficult, but a family law attorney from Spodek Law Group can provide guidance through the custody process, which helps the process move smoothly.

Those who currently have a visitation or custody order may ask the court to modify the order through the Custody Modification Program. In addition, when the custody order is not being followed, the court will need to be notified so it can be enforced.

The Best Interest of the Child Standard in New York

In New York, there isn’t a standard definition that explains the best interest of the child. In general terms, it typically focuses on factors that a judge will take into consideration when deciding custody. However, in New York, a judge’s should base his or her decision on the health and safety of the child.

New York isn’t biased to mother’s when it comes to custody. In New York Child Custody Cases, both parents stand on equal footing. Mom doesn’t have superior rights to Dad. The court will grant custody and visitation based on the best interests of the child. In New York, fathers have the same rights to custody as mothers.

Comprehensive Factors That Influence Child Custody Decisions

A judge will consider several factors when determining the best interest of the child. Some of these factors may include:

• Which parent primarily nurtured and cared for the child
• The physical and mental condition of each parent
• If domestic violence has been an issue in the past
• The lack or abundance of parenting skills
• Work schedules and daycare plans

In addition, depending on the age of the child, a judge may ask the child what he or she wants in regards to visitation and custody. The emotional connection between a child and their primary caregiver is viewed as instrumental in promoting the child’s successful development from childhood to adulthood.

Understanding Sole and Joint Custody Options

Joint legal custody is when both parents must consult with each other when making significant decisions about the child. Sole legal custody gives one parent the right to make decisions about the care of the child.

Joint physical custody is when both parents share residential custody of the child. In most cases, parents will share the time equally. If a parent has physical custody of a child more than half of the time, then he or she is considered the primary residential parent, which allows them the authority to make some decision when the other parent isn’t present. Sole physical custody is when one parent has physical custody of the child, and the other parent has limited or supervised visitation.

Ex Parte Orders and Emergency Situations

When a judge grands an order based only on information, it is known as an ex parte order. This information is usually in the form of testimony from one parent. Many judges will issue an ex parte order during family offense proceeding, which is when one parent is trying to obtain an order of protection against the other parent.

When ex parte orders are issued, a judge will set a court appearance to give the other parent the opportunity to provide his or her testimony in response to the other parent allegations. During this time, a judge may either continue, modify, or terminate an order of protection.

Contact Our Family Law Attorneys

When you are going through a custody hearing, a family law attorney from Spodek Law Group can make the process easier and protect your parental rights. If you need assistance with parental custody, contact a Bronx family law attorney from our firm today. The best way to increase a successful outcome is by obtaining the help of a reputable family law attorney from Spodek Law Group.

Why You Need an Attorney for Child Custody Cases

Child custody cases are among the most complex and emotional of all cases heard in family court. Spending one single day without your child is a thought you simply can’t bear, though if a judge orders custody of the kids with your ex-spouse, this may very well become a reality. When you hire a Bronx child custody lawyer from Spodek Law Group, you can rest assured that the best interests of the child determine the outcome of the case and spending days without your children is an unlikely event.

It is essential that an attorney represent you during a child custody hearing. Anything can and will happen during a custody case and you must be prepared. With an attorney from Spodek Law Group standing by your side, you are ready for anything that might come your way.

Who Gets Custody of the Kids?

Courts do not favor one parent over the other during child custody cases, despite many people believing that custody is preferred with the mother. Statistics show that courts award custody of children to fathers somewhere between 11 and 15 percent of the time. The courts are concerned only with the child receiving the care that he or she needs to thrive in life, and will use numerous factors to help determine how this will be implemented.

Factors that the courts use to help decide child custody cases include:

• Living conditions of the child
• Parent-child relationship
• Parental history, i.e. history of abuse, negligence, domestic violence
• Child’s physical and emotional health
• Parent’s character/physical health

In many custody cases, the lawyer from Spodek Law Group can assist the couple in setting a parenting plan with the court, eliminating the need for a judge to decide custody. Your attorney helps prepare a plan that works for both parents, in your favor, of course. The lawyer will ensure that factual information is presented to the court in cases where an agreement is unable to be reached.

Types of Child Custody in New York

In New York, several types of custody arrangements exist. A judge may order any of these custody types when hearing your case. On average, the mother receives around 65% of custody time, while the father typically gets around 35%. The facts presented during the hearing weigh heavily on the judge’s decision.

Full Custody: Full custody of a minor child is granted by a Suffolk County judge. As a full custody parent, you’re in full control of the children and all decisions made on their behalf. For example, a full custody parent can determine the location of residence of the minor children, the doctors they visit, etc.

Physical Custody: Physical custody is custody based upon the child’s residence. The parent who has physical custody is responsible for making decisions for the child, but may not interfere with the other parent’s right to the visiting or speaking to the child.

Joint Custody: Joint custody is an arrangement set forth by the courts granting both parents custody of the child. The court, together with the parents and their counsel, work to determine the length of time the child will spend at each residence, as well as when this will occur.

How Our Attorneys Fight for Your Rights

Your Bronx child custody lawyer from Spodek Law Group can help with each of these custody types and fight for your desires in the matter, always putting the best interests of the child first, of course. The judge is looking at many factors when deciding which parent should receive custody of the minor children. Our attorneys ensure that the facts presented to the court are accurate, insightful, and represent you in the manner in which represents you on a daily basis.

The attorney from Spodek Law Group also helps present to the court any information concerning the other parent which should be considered when determining custody. There’s many pieces of information that can weigh on the judge’s decision when deciding custody. Your lawyer will help uncover any information about the other parent that the court should hear.

Talk to Our Bronx Child Custody Lawyers

When you hire a Bronx child custody lawyer from Spodek Law Group, you can expect the best outcome in your case, as well as a peace of mind and assurance that you wouldn’t otherwise feel. It is important to speak to an attorney as quickly as possible so you can begin preparing for your case with the legal expertise and guidance that you need. Your kids are far too important to risk going to court without an attorney. Schedule a free consultation with an attorney from our firm, and start easing your worries as you learn exactly what these legal experts can do for you.

How Child Custody is Determined in the Bronx

Custody decisions are determined by what’s in the best interest of the child. This is commonly referred to as a legal standard. It does not give the upper hand to either parent. The standard strictly goes by what is in the child’s best interest regarding who raises them and how they are raised.

Parents who can put their child first and set aside any hatred or hostility may try mediation. During mediation, both parents will try to come to an agreement with the help of their attorneys from Spodek Law Group about issues related to their child. The mediation agreement must be approved by family court. This makes the agreement a court order. The court order can be modified at any time.

Court Considerations When Parents Cannot Agree

If the parents cannot agree and it is up to the court, a judge will use the standard of what’s in the child’s the best interest. The court will draw on a comprehensive inquiry into every child’s needs as well as the extent to which outcomes may be expected to meet those needs. To do this, the judge will look at a lot of factors such as:

• Each parent’s ability to cooperate with each other regarding the needs of their child
• Each parent’s ability to raise their child
• Each parent’s mental and physical health
• The child’s preferences
• Any history of domestic violence in the family
• Each parent’s work schedule
• Any incidents of any mental or emotional abuse of the child
• If there are any other siblings and where they reside

The order of the court is not permanent. It can be modified at any time. However, a parent must show the change in circumstances requires a modification to meet the best interest of the child.

Types of Child Custody Arrangements Courts Will Order

The exact child custody arrangement will depend on the specific case. A judge will make a determine on two types of child custody: physical and legal child custody.

Physical child custody determines where the child permanently resides. Sole physical custody grants one parent the right to live with their child. The other parent only receives the right to visit their child according to a visitation schedule.

Joint physical child custody allows a child to live with both parents. Each parent has 50 percent of their child’s time. The child may live with one parent during the school year or during the summer.

The other type of child custody is called legal custody. This does not determine where the child lives, but how they are raised. Sole legal custody allows one parent to make all the decisions about whether their child will attend a private school, practice one faith or receive certain medical care.

Joint child custody is granted to both parents. This gives each parent the legal right to make decisions about how their child is raised.

Understanding Complex Custody Combinations

A parent can have sole physical custody, but share legal custody with the other parent. A parent can have sole physical and legal custody. Each parent can have joint physical and legal custody. Each decision depends on the circumstances and what is in the child’s best interest at that time.

Contact Our Brooklyn Child Custody Attorneys

You are probably scared the worst will happen. No one wants their child taken away from them. No one wants to visit their child or not be able to make decisions about how they are raised.

The first thing to do in a child custody case is to remain calm. The next is to contact us about your child custody case. The lawyers at Spodek Law Group will explain your child custody options and fight for you and your child. Let’s discuss your child custody case during an initial case evaluation.

Winning Your Child Custody Battle

You are sick at heart because you never thought this day would come, but it’s here anyway, and you have to deal with it before things go from bad to worse. You are in the last stages of divorce or separation, and it’s now official that you are facing the typical nasty and contentious child custody battle. Losing child custody case could be a horrifying experience for any parent. The thought that the judge might decide your child is better off with someone else can be difficult to accept. However, you are confident that you will fight as hard as you can to win back your kid. How do you go about it? You are seething and confused at the same time. What happens next? Will you win the case? These are some of the questions that invade your mind during such times. However, you should relax because all you need is an experienced divorce lawyer from Spodek Law Group on your side. Why?

They Will Make You The Court System’s Favorite

The divorces process is usually cumbersome and provoking for anyone experiencing it. During these difficult times, a person may act unreasonably, and this may sabotage his or her case. The court will evaluate your behavior throughout the proceeding to determine if you have the best interests of the child. It is, therefore, important to behave accordingly. Child custody lawyers from Spodek Law Group on your side are likely to help you behave well during the process. The lawyers will help you gather enough evidence to demonstrate that you understand your child’s routine, liking, needs, tastes, and care besides. A reputable divorce attorney from our firm will work round the clock to ensure the court decides you are the best-suited parent to stay with the child.

Narrow The Issues

Most people lose in custody battles because they bring every issue in the court. Presenting pointless issues during divorce proceedings displays confusion and unpreparedness to take care of the children in the event that the court decides to put them under your care. Skillful child custody lawyers from Spodek Law Group will help you decide which of your kid’s custody and visitation disputes are worth fighting for and which ones are not. These legal experts are usually careful to ensure you have the facts and the law on your side when you walk into a courtroom.

Gather Convincing Evidence

For you to win a child custody battle, it’s important to note that legal representation is quite important. Knowledgeable divorce lawyers from Spodek Law Group will help you gather relevant witnesses and documents before you step into a courtroom. They will use all the evidence like emails, text messages, medical records, and police reports to argue the facts out and secure your interests. The adroit bronx child custody lawyers from our firm are all you need on your side because of their preparation and attention to details.

Help You Focus On The Custody Topic

Inexperienced lawyers usually get caught up in unnecessary issues, and this may jeopardize a custody case. Needless issues can cause misconception and may lead to emotional decisions. Qualified divorce lawyers from Spodek Law Group are always focused and will teach you how to put your entire focus on child custody.

Guide You On Custody Laws And Guidelines

Law contains intricate paragraphs that can be difficult for a layman to understand. Seasoned child custody lawyers from Spodek Law Group are usually armed with years of experience and are familiar with every custody legislation and guideline. They will interpret and help you understand any law or regulations that they employ in the custody case.

They Understand The Family Judges

If a child custody lawyer from Spodek Law Group has been practicing for years, it means he or she has worked with most of the family law judges. They are aware of what judges look for. They know how to present a case to each of them. Simply put, they understand what to do and what to avoid when presenting a case to a particular family judge. Therefore, they stand better chances of winning your case.

They Are Available Throughout

Passionate child custody lawyers from Spodek Law Group are available anytime you need them. They constantly communicate with their clients to inform them of recent developments and facts. What’s more? You can call your lawyer if you need someone to talk to during the difficult time. Our office is always open, and you should feel free to call us anytime.

Responsiveness

Most child custody lawyers from our firm are highly responsive and do not entertain any delaying tactic from the other parent. If the other party tries to delay the case, they will fearlessly pursue attorney’s fees against them to ensure they understand that delays will lead to serious consequences.

Value For Money

Just like any other genuine lawyer, our child custody attorneys at Spodek Law Group understand that you are facing a difficult time. Therefore, our charges are always reasonable. They will put your interests first and will not focus much on the fee. Also, you are assured that your money will not be wasted unreasonably on litigation that will not help you win the trial. Our goal is to win the child’s custody battle. For this reason, our lawyers stay focused on real issues from the beginning and do not waste your money on unnecessary issues.

Child Custody Decisions in the Bronx

When parents file for divorce are never marry, the questions about raising their child often becomes an issue for the court. This is called child custody. Child custody involves two issues: physical custody and legal custody. Both areas of child custody law are defined in the state’s domestic relations law 240.

What is Child Custody Decided in the Bronx?

The Bronx family court follows the standard called “what’s in the child’s best interest?” This standard considers several factors to determine if parents should receive sole or joint custody and what type of custody they should receive.

The standard looks at both parents and seeks answers to the questions about:

• Each parent’s mental health
• Each parent’s physical wellbeing
• Each parent’s ability to care for their child
• Each parent’s work schedules
• Each parent’s ability to get along with the other parent and make decision concerning the child
• Any history of domestic violence or abuse
• The child’s preferences (who they would like to live with)

The judge will look at other evidence presented at the hearing to determine the type of custody that is in the child’s best interest.

Often, parents can come to an agreement outside of court. They must still provide the court with their agreement. The judge will consider all factors and determine if the agreement meets the child’s best interest.

Understanding Legal Child Custody in the Bronx

Legal child custody refers to a parent making important decisions about how the child is raised. These decisions include health care, school and religious beliefs. A judge may grant sole legal custody to one parent. The other parent will not make any important decisions. Joint legal custody is the other option. This gives both parents the right to make important decisions.

What is Physical Child Custody in the Bronx?

Physical custody determines which parent the child lives all the time or a percentage of the time. Sole physical custody is granted to one parent. The child lives them all the time. The other parent receives visitation. The visitation may be unsupervised. This means the child spends time with the non-custodial parent without a third party watching their interaction. The visitation may be supervised. This means a third party, not the other parent, watches the non-custodial parent and child interact. The latter is given when something happened or there is an allegation of something happening like abuse.

Joint physical custody is granted to both parents. The time a child spends with each parent is typically 50 percent. When the child lives with each parent is determined by a predetermined schedule.

Legal and physical child custody are decided on separately. This means a parent who receives sole legal custody may not receive sole physical custody. A judge may decide to grant joint legal custody and sole physical custody to one parent.

Contact Our Bronx Child Custody Attorneys Today

Child custody arrangements are every changing. This means a child custody order can change tomorrow. Parents settle 90% of child custody disputes without a judge’s ruling. However, to request a modification from the court, it must be in the best interest of the child. Thus, you will have to prove in court why circumstances changed, and a modification is needed.

The most important thing is to spend time raising your child. Whether you want joint legal and physical custody or another child custody combination, contact us. Our attorneys at Spodek Law Group will help you established child custody arrangement to help you can focus on taking care of your child. Contact us immediately for help.

In Bronx child custody cases, the laws can create challenges to settling disputes, where the relationships of the parties have already created a complex situation. Even where the parties seeking custody are in relative agreement in most matters, there still may be issues of contention and other details regulated by law that may not meet with either party’s expectations. In the end, the court will always attempt to do what’s best for the children involved, even if that may not be a settlement preferred by the parents.

Types of Custody Granted in Bronx Child Custody Courts
New York, much like many other states, has adopted the rules set forth by the Uniform Child Custody Jurisdiction and Enforcement Act. The act helps courts settle custody cases that involve disputes that may extend over multiple jurisdictions in different states. The act is important, because determining various levels of custody requires that the child (or children) be accessible to both parties.

Legal Custody – This type of custody allows the parent or guardian to make important decisions regarding the child. These decisions can include the child’s education, healthcare, religious upbringing, and other important factors that affect the child’s development and happiness. In cases where one parent has sole legal custody, the other parent has no legal standing to change or alter those factors that affect the child’s growth.

Physical Custody – This is what most people think about in regard to child custody. It’s the living situation for the child and it’s a major issue for divorced parents. In determining the physical custody of the child, the court looks at the living conditions offered by each parent, as well as where the child will be happiest. Sometimes this means one parent only gets visitation rights and sometimes it means both parents share custody equally.

How is Child Custody Determined in Bronx Family Courts?
When it comes to hearing child custody cases, the ideal situation is to keep the family as close together as possible. It’s never preferred to take the children away from either parent. That said, it comes down to what’s in the best interests of the child and it’s up to the judge to make that determination based upon the evidence and testimony presented in court.
In New York State, family court judges take a number of factors into consideration:

• The ability of each parent to care for the child;
• The psychological and physical health of each parent;
• Whether there is a history of domestic violence committed by either parent;
• The career obligations of each party;
• The ability of both parties to communicate civilly with one another;
• The wishes of the child.

When The Parents Aren’t An Option
In some cases, the courts may grant visitation rights to the child’s grandparents or may even grant them custody. This is not easily achieved in any state and most family court judges require strict adherence to the rules and laws established for these cases. Even where the grandparents are merely requesting visitation rights, it’s recommended that they be very familiar with the child’s living conditions and the immediate family situation.

As with parental custody, granting rights to the grandparents is dependant upon the best interests of the child, as determined by the court. When it comes to granting custody to grandparents, the court relies on a few key points to help them come to the decision that the child should be placed with the grandparents.

1. The Needs of the Child: While this does encompass things like food, shelter, and clothing, it also includes the physical and emotional well-being of the child. Additionally, the safety of the child is a main concern here.

2. The Capabilities of the Guardian: Regardless of who is petitioning the court for custody, the ability of the petitioner to provide care for the child must be concerned. In cases where a grandparent is seeking custody, is he or she physically capable of looking after a child? What about the individual’s mental fitness? These are hard questions, but ones the court must consider.

3. The Wishes of the Parties Involved: Here, also, the wishes of the child will be considered. Additionally, the court will seek the advice of the child’s parents on the matter, if possible, and also request input from the grandparents.

4. The Relationship Between Child and Grandparent: The court will look at the bond between the child and the grandparents in determining custody. This means evaluating how long they have known each other, as well as interpreting the emotional connection they share. The court will also try to ensure that there hasn’t been any domestic violence that might influence custody.

In seeking custody, it’s never recommended to attempt to represent yourself. As suggested by these facts, the laws surrounding child custody are complex and varied, requiring the expertise of an experienced family law attorney. The right lawyer may be able to help you avoid a lengthy legal battle by pursuing mediation as an option or he may be able to achieve your child custody goals in court. Whether you’re a parent or a grandparent and trying to give the child his or her best life, the best thing to do is to enlist the help of a knowledgeable advocate. Together, you can work as a team to do what’s best for the child and for yourself.