Queens Child Custody Lawyer

Child custody cases are among the most emotionally charged matters heard by the Queens County Family Court. While such disputes typically arise during divorce or separation and are typically between biological parents, many other circumstances can lead to custody battles. Regardless, in New York custody decisions are always based on the best interests of the child. See N.Y. Dom. Rel. Law § 240. For example, in Bhanmattie H. v. Roxanne H. (In re Proceeding for Custody and/or Visitation of Minors), 2017 N.Y. Slip Op. 27192 (N.Y. Fam. Ct. 2017), in a case where the grandparents petitioned for custody of their granddaughter, the Queens County Family Court ruled in favor of the paternal grandparents over the mother because the grandparents prioritized the child’s well-being, while the mother seemed more focused on her own interests. The court concluded that living with the grandparents was in the child's best interests. Because child custody cases are often complicated, if you are facing a child custody matter, it is important to contact an experienced Queens child custody lawyer to help you navigate the process effectively and advocate for the best interests of the child.

Types of Child Custody in Queens

There are two main types of child custody in New York: legal custody and physical custody. Each type addresses different aspects of raising a child.

• Legal Custody: This refers to the right to make important decisions about a child’s life. These decisions include choices about education, medical care, religion, and other significant matters. Legal custody can be awarded to one parent (sole legal custody) or both parents (joint legal custody). When parents share legal custody, they must cooperate and make joint decisions about the child’s upbringing. If parents cannot agree and parent amicably, joint custody may not be an option. For example, in Joshua XX. v. Stefania YY., 218 A.D.3d 893 (N.Y. App. Div. 2023), the Queens County Family Court determined that joint custody was not feasible because the parents only communicated on the Talking Parents app and those communications were fraught with animosity.
• Physical Custody: This refers to where the child lives on a day-to-day basis. Physical custody can also be sole or joint. In sole physical custody, the child primarily resides with one parent, while the other parent may have visitation rights. Joint physical custody means that the child spends a significant amount of time living with both parents, though this does not necessarily mean an equal 50-50 split.

Regardless of whether your goal is for joint or sole custody, to begin a child custody case in Queens, you must file a petition in the Queens County Family Court located at 151-20 Jamaica Ave, Jamaica, New York. This petition should outline your relationship to the child and your specific requests regarding custody. To help ensure that your petition is properly prepared and filed, it’s important to consult with an experienced Queens child custody lawyer.

Factors Courts Consider in Child Custody Cases

When the a Queens County Family Court decides child custody, it bases its decision on what is in the best interests of the child. Factors considered include:

• Child’s Wishes: While a child’s preference is considered, it is not the deciding factor. The court will take into account the age and maturity of the child when considering their wishes. Older children’s preferences are often given more weight.
• Each Parent’s Ability to Provide for the Child: The court examines each parent’s ability to provide a stable home environment, meet the child’s physical and emotional needs, and offer a suitable place for the child to live. This includes considering whether each parent has adequate housing and financial stability. For example, in Crivelli v. Tolento, 100 A.D.3d 884 (N.Y. App. Div. 2012) the Queens County Family Court focused on each parent’s ability to provide for the children as part of its best interest determination. While both parents were involved and loving, the court found that the father was the more stable parent, offering greater financial, emotional, and educational support. The mother’s relocation to Saratoga Springs without notice isolated the children from their established support system, and the court determined she did not provide sufficient academic guidance. The evidence also demonstrated that there was an established familial support system in Queens that was not present in Saratoga Springs. Based on these factors, the court awarded sole custody to the father.
• Child’s Relationship with Each Parent: The court evaluates the existing relationship between the child and each parent. If one parent has been the primary caregiver, that may be an important factor in the court’s decision. The court also looks at the willingness of each parent to encourage a positive relationship between the child and the other parent.
• Parental Behavior: A parent’s behavior and actions play a significant role in custody decisions. If there is evidence of abuse, neglect, or substance abuse, the court may limit that parent’s custody or visitation rights. The court also considers which parent has been more involved in the child’s daily life, including taking the child to school, attending doctor’s appointments, and participating in extracurricular activities.
• Siblings: Courts generally try to keep siblings together when making custody decisions unless there is a good reason to separate them. Maintaining sibling relationships is often seen as an important part of the child’s stability and well-being. In Ender M.Z.-P. v. Admin. for Children's Servs., 109 A.D.3d 834 (N.Y. App. Div. 2013), the child had been living in foster care for adoption, while her siblings were with their uncle, who petitioned the Queens Family Court for custody for her custody, believing she would benefit from being with them. The court ruled in his favor. However, on appeal, the Appellate Division reversed and ruled that the child should stay in foster care. Although maintaining sibling bonds is important, in this case, where the child had never lived with her siblings, that factor did not outweigh other considerations. Ultimately, the court decided it was in the child’s best interest to remain in foster care.
• Work Schedules and Living Situations: A parent’s work schedule and living situation are also taken into account. The court wants to ensure that the child will be in a home where they will receive proper care and supervision. If a parent’s work hours make it difficult for them to care for the child, the court may consider that in making its decision.
• History of Domestic Violence: If there is a history of domestic violence, the court will consider it when making a custody determination. The safety of the child is always the court’s primary concern, and a parent with a history of domestic violence may have their custody or visitation rights limited.
• Parental Cooperation: Courts prefer to grant custody to parents who are willing to cooperate and co-parent in the best interests of the child. If one parent is hostile or unwilling to work with the other, the court may favor the more cooperative parent in its decision.

Custody and Visitation Rights

When one parent is awarded sole physical custody, the other parent is typically given visitation rights, unless there is a reason to restrict or deny visitation. Visitation schedules are usually determined by the court or agreed upon by both parents. The schedule may include weekend visits, holiday schedules, and summer vacations.

In some cases, the court may order supervised visitation if there are concerns about the child’s safety when in the care of the non-custodial parent. Supervised visitation means that a third party, such as a relative or social worker, is present during the visit to ensure the child’s well-being.

Modifying a Child Custody Order

Once a child custody order is in place, it is not set in stone. Either parent can request a modification of the custody arrangement if there has been a significant change in circumstances. See Family Ct. Act § 652. Some reasons a court may modify a custody order include:

• One parent moves to a new location that affects the current custody arrangement.
• There are concerns about the child’s safety or well-being with the current custodial parent.
• One parent’s work schedule or living situation changes.
• The child expresses a desire to live with the other parent.

To request a modification, the parent must file a petition with the court, and a judge will review the case to determine if the change is warranted.

Custody and Parental Relocation

When a custodial parent wants to relocate with the child, they must get permission from the court or the other parent if the move will significantly affect the current custody or visitation arrangement. The court will consider several factors in determining whether to allow the relocation:

• The reason for the move (e.g., job opportunity, better living conditions).
• The impact the move will have on the child’s relationship with the non-custodial parent.
• Whether the move is in the child’s best interests.

For example in Doyle v. Debe, 991 N.Y.S.2d 135 (N.Y. App. Div. 2014), the court granted the mother permission to relocate, focusing on the best interests of the child. The court found that the mother could provide a more stable environment, including a three-bedroom home where the child had her own room, as opposed to sharing a bedroom with her grandmother in the father's one-bedroom apartment. Additionally, the mother had already identified a doctor and school in Georgia, demonstrating her commitment to the child's well-being. These factors contributed to the decision that relocation would enhance the child's emotional and educational development.

If you are facing a relocation issue, contact an experienced child custody attorney serving Queens. Relocation cases can be complex, as the court must balance the custodial parent’s right to move with the non-custodial parent’s right to maintain a close relationship with the child. Even in situations where parents otherwise co-parent amicably, relocation can become contentious. A move that significantly alters the established custody and visitation schedule can disrupt the stability of the child's life and make it difficult for the non-custodial parent to maintain a meaningful relationship. For this reason, relocation often leads to disputes, even between parents who have successfully co-parented under less challenging circumstances. Courts must carefully weigh the benefits of the move against the potential disruption to the child and the non-custodial parent’s relationship.

How a Queens Child Custody Lawyer Can Help

Dealing with child custody issues can be challenging, but an experienced child custody attorney serving Queens at Stephen Bilkis & Associates can help guide you through the process, help you understand your rights, represent you in court, and work with you to develop a custody arrangement that is in the best interests of your child. Whether you are seeking sole custody, joint custody, or visitation rights, we are here to help you navigate the legal process and protect your relationship with your child. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your case.

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