New York, NY - Ryan Besinque, New York child custody lawyer at The Law Office of Ryan Besinque, PC (https://www.besinquelaw.com/how-does-a-court-decide-who-gets-custody-of-a-child/), has released a comprehensive guide explaining how courts determine custody using the best-interests-of-the-child standard. The resource clarifies key distinctions between physical and legal custody, outlines the criteria judges weigh in contested matters, and offers practical context for building stable co-parenting arrangements across New York City and surrounding counties. The guide emphasizes that every custody determination turns on a fact-specific analysis grounded in a child’s safety, stability, and developmental needs, with a New York child custody lawyer's guidance aiding parents as they navigate court procedures.
The publication details the two primary custody categories in New York, physical and legal, and how each may be awarded on a sole or joint basis. It explains that joint physical custody typically involves structured parenting-time schedules, while joint legal custody focuses on shared decision-making regarding education, healthcare, and religious upbringing when cooperation is feasible. Throughout, the guide underscores that New York child custody lawyer advocacy centers on presenting clear evidence of a child’s routine, continuity of care, and the capacity of each parent to support the child’s relationship with the other parent.
Beyond definitions, the guide synthesizes the factors New York courts commonly evaluate. These include the child’s need for continuity and stability in the current home, reliable child care arrangements, the identity of the primary caretaker, and any evidence of substance misuse. It highlights the importance of each parent’s mental and physical health, any history of domestic violence, and concerns such as neglect, abandonment, or interference with parenting time. The discussion also covers the weight given to a mature child’s expressed preference, the financial ability to provide appropriate housing, educational opportunities available to the child, sibling unity, and the court’s in-person observations of each parent’s demeanor and willingness to foster a positive co-parenting relationship. In presenting these points, the New York child custody lawyer framework helps parents prepare accurate budgets, childcare records, school information, and health documentation that reflect the child’s day-to-day needs.
The guide further explains how visitation typically works for noncustodial parents, including minimum schedules, holiday and summer allocations, and the use of supervised visitation when safety concerns arise. It clarifies that courts aim to preserve frequent and consistent contact whenever appropriate. A dedicated section addresses custody order violations, outlining the process for filing a violation petition, possible findings of contempt, enforcement orders, and the potential modification of custody where repeated noncompliance harms a child’s welfare. It also details modification standards, noting that judges require a substantial change in circumstances, such as serious health developments, significant relocation, or marked academic decline, before revisiting an existing order, always measuring outcomes against the child’s best interests. In all scenarios, the New York child custody lawyer's perspective emphasizes careful documentation and focused, child-centered proposals.
About The Law Office of Ryan Besinque, PC:
The Law Office of Ryan Besinque, PC is a New York City family law firm led by attorney Ryan Besinque. The firm represents clients in child custody and visitation, divorce, child support, spousal support, and related family law matters across the five boroughs and nearby counties. The practice provides strategic guidance aimed at safeguarding children’s well-being and promoting workable parenting plans. To learn more or to request a consultation, call (929) 251-4477, email ryan@besinquelaw.com, or visit the firm online to schedule a confidential case review.
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Email: ryan@besinquelaw.com
Website: https://www.besinquelaw.com/
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Company Name: The Law Office of Ryan Besinque
Contact Person: Ryan Besinque
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Phone: (929) 251-4477
Address:115 W 25th St 4th floor
City: New York
State: New York 10001
Country: United States
Website: https://www.besinquelaw.com/
