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Child Custody in New York: Understanding Your Rights
Child custody in New York is one of the most emotionally significant aspects of divorce or separation. While property division affects finances, custody determines your relationship with your child and the structure of your family moving forward.
At ASJ Law Office, we guide high-earning professionals and parents through custody matters with strategy, discretion, and a focus on resolution. Our goal is to protect your parental rights while minimizing unnecessary conflict.
If you are navigating divorce or separation in New York, understanding the types of custody is the first step.
Understanding Types of Custody in New York
Legal Custody
Legal custody refers to the authority to make major decisions about a child’s life. This includes decisions regarding:
- Education
- Medical care
- Religious upbringing
- Extracurricular activities
Legal custody may be:
Joint Legal Custody
Both parents share decision-making authority. This arrangement requires effective communication and cooperation.
Sole Legal Custody
One parent has the exclusive right to make major decisions. This is typically awarded when parents are unable to cooperate or when conflict would harm the child.
Physical Custody
Physical custody refers to where the child primarily lives and how parenting time is structured.
Physical custody arrangements may include:
Joint Physical Custody
The child spends substantial time with both parents, though not necessarily equal time.
Primary Physical Custody
The child resides primarily with one parent, while the other parent has scheduled parenting time.
Even when one parent has primary physical custody, both parents may still share legal custody. Child custody in New York is one of the most emotionally significant aspects of divorce or separation.
At ASJ Law Office, we guide high-earning professionals and parents through custody matters with strategy, discretion, and a focus on resolution. Our goal is to protect your parental rights while minimizing unnecessary conflict.
If you are navigating divorce or separation in New York, understanding the types of custody is the first step.
How New York Courts Determine Custody
New York custody decisions are based on what arrangement serves the child’s best interests. Courts may consider:
- Each parent’s ability to provide stability
- Work schedules and availability
- Prior caregiving roles
- The child’s emotional and developmental needs
- Each parent’s willingness to foster a relationship with the other parent
For high-level professionals and executives, demanding careers can become a point of concern. However, career success does not disqualify a parent from meaningful custody rights. Courts look at structure, support systems, and the ability to provide a stable environment.
Strategic planning is essential.
Custody and Divorce: Why Structure Matters
Custody is not just about parenting time. It affects:
- Child support calculations
- Relocation rights
- Decision-making authority
- Holiday and vacation schedules
- Long-term educational planning
Without clear legal structure, misunderstandings and conflict can arise.
At ASJ Law Office, we focus on developing custody agreements that are clear, enforceable, and designed to reduce future disputes.
Our Settlement-Focused Approach to Custody
We prioritize mediation and negotiated custody agreements whenever possible. High-conflict custody litigation can be emotionally damaging for families and financially draining.
Our firm works with parents who:
- Want to protect their parental rights
- Prefer discretion over courtroom conflict
- Are motivated to reach thoughtful agreements
- Need legal guidance to finalize custody terms
If your custody matter is not fully agreed upon but you are seeking resolution, we can help you move toward a structured, strategic outcome.
Our role is to protect your rights while preserving stability for your child.
Modifying Custody Orders in New York
Custody arrangements are not always permanent. If there has been a substantial change in circumstances, such as relocation, changes in work schedule, or concerns regarding the child’s well-being, a custody order may be modified.
Modifications require careful legal strategy and proper court filings.
Money, Marriage, & New York- What you need to know!
If your name is on the bank accounts, the savings accounts, the 401k, the Roth IRA, the susu, the business, or the deed - then this is for you.
Just so you know...
New York law doesn’t care who worked harder or who earned more.
It only cares what’s shared.
Money, Marriage & New York walks you through what that really means for professional women. It guides on what’s protected, what isn’t, and how to stay in control of both your love and your legacy.
It’s not a long read, but it will change how you think.
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