In New York and all states, child custody is decided based on what is in the best interest of the child rather than the wants and wishes of the parents. As such, the New York Courts will take into account the parents’ ability to take care of the child, mental health, history of violence or substance abuse, work schedules, etc. While the court strives to allow the child to maintain a relationship with each parent, if it is not ideal for the child, the court may award one parent full custody. There are so many factors to consider, which can be daunting. If you’re seeking sole custody in New York, a Suffolk County Child Custody Lawyer can help.

What Does Sole Custody Mean in New York?

Sole custody generally means that one parent is awarded primary residential custody, has the right to make decisions on behalf of the child, or both. This will depend on whether or not the order awards sole physical or legal custody.

It is important to understand that courts across Long Island and New York must examine sole custody requests on a case-by-case basis due to their sensitive nature and the differing circumstances for all families.

Sole Legal Custody

If one parent is awarded sole legal custody on Long Island, this means they have the right to make decisions regarding:

  • School and educational decisions
  • Non-emergency medical care and providers
  • Therapy and counseling decisions
  • Religious upbringing
  • Extracurriculars that require ongoing commitment

This is often awarded in instances where:

  • Parents cannot communicate effectively
  • One parent continually undermines the decisions of the other
  • The conflict between parents is extreme and impacts the child

Sole Physical Custody

If one parent receives full physical custody of the child, it means:

  • The child will primarily reside with the custodial parent
  • However, the other parent may still be awarded:
    • Scheduled visitation
    • Supervised visitation

It’s necessary to understand that sole custody does not mean that the non-custodial parent will automatically be barred from visitation on Long Island. As mentioned, the court will try to ensure that a relationship with both parents is maintained, so visitation may be possible as long as the child is not harmed.

The “Best Interests of the Child” Standard in NY Custody Cases

New York, as mentioned, adheres to a legal standard known as the “child’s best interests” standard. Essentially, this means that the court must prioritize the safety, stability, and overall well-being of the child when making decisions regarding custody. As such, the Suffolk County Family Court will consider:

  • The age and health of each parent
  • Each parent’s ability to provide a safe and stable home environment
  • The relationship between each parent and the child
  • Any history of domestic violence
  • Any history of abuse or neglect
  • Any history of mental health or substance abuse issues
  • Who the primary caretaker was
  • Each parent’s willingness to encourage a relationship with the other parent

When Is Sole Custody Most Commonly Granted in New York?

There are many reasons to seek sole custody of your child after a Long Island divorce. All of the reasons circle back to the main goal of keeping your child healthy and happy.

Domestic Violence or Abuse Concerns

  • Prior orders of protection
  • Documented instances of violence against the other parent or the child
  • Credible testimony, police involvement, and medical documentation
  • Patterns of coercive control that impact the child’s well-being

Severe Mental Health Issues That Impact Parenting Ability

  • Untreated conditions that impact judgment
  • Repeated psychiatric hospitalization that does not result in stabilization
  • Dangerous, impulsive behavior
  • Inability to maintain a safe and stable routine

Substance Abuse That Endangers the Child

  • DUI with a child in the car
  • Drug or alcohol consumption during parenting time
  • Overdose
  • Repeated rehabilitation relapses
  • Refusal to comply with drug or alcohol testing

Neglect or Abandonment

  • The child is often left unsupervised
  • They miss medical appointments or refuse treatment
  • Inadequate housing conditions
  • Chronic failure to ensure attendance at school

Criminal Conduct or Incarceration

  • Incarceration impacts reliable parenting time
  • Criminal conduct occurring in the home
  • Unsafe individuals are repeatedly in the presence of the child

How To Seek Sole Custody During or After a Long Island Divorce

If you are going through a divorce and have concerns regarding the safety and well-being of your child, it’s imperative to understand how to seek sole custody. In general, the basis for the modification must be focused on the child’s needs and evidence, not anecdotal claims or assumptions.

Step-By-Step Guide to Seek Sole Custody

  • Clearly identify if you are seeking sole physical custody, legal custody, or both
  • Create an outlined parenting plan
  • Explain why joint custody is not a viable option for your circumstances
  • Propose safe alternatives

Evidence That Matters Most Often in Custody Hearings

  • Texts or emails showing threats or instability
  • Police reports and criminal complaints
  • Orders of protection
  • CPS records
  • Witness statements
  • School and medical records

What Happens to the Other Parent’s Rights if Sole Custody Is Granted?

Even if one parent is granted sole custody of the child, the other parent, unless restricted by the court, will retain certain rights regarding time spent with the child and involvement in their life.

Visitation Options

  • Standard visitation schedule
  • Supervised visitation (in the presence of a third-party or professional supervisor)
  • Phased-in visitation (as a means of rebuilding safety and trust
  • Suspension of visitation in extreme circumstances

Communication and Information Access

  • Court-approved parenting apps for communicating
  • School and medical access, depending on the terms of the order
  • Restrictions if the court finds harassment

Connect with a Long Island Child Custody Attorney Today

Custody is generally one of the most contested matters in a divorce. As such, tensions may already be high, and seeking sole custody may only compound the conflict. That is why it’s in your best interest to connect with an experienced New York divorce attorney with Peter Mandi & Associates. Our firm understands how difficult these matters can be to navigate, which is why we will do everything in our power to assist you. Contact us today to learn how we can represent you in these matters.