How is child custody decided in New York?

Question

I'm going through a separation and we have a 6-year-old. What factors does a New York court consider when deciding custody, and is joint custody the default outcome? Also, how does the court treat one parent moving out of the city?

Sarah Mitchell · Accepted Answer

In New York, courts decide custody based on the 'best interests of the child' standard (Eschbach v Eschbach, 56 NY2d 167). There is no presumption favoring either parent or favoring joint custody — judges weigh factors like which parent has been the primary caretaker, each parent's ability to provide stability, the child's relationship with each parent, and the willingness of each parent to foster the child's relationship with the other.

For relocation, New York applies a separate 'Tropea analysis' (Matter of Tropea v Tropea, 87 NY2d 727) that looks at the reasons for the move, the impact on the child's relationship with the non-moving parent, and the economic and emotional benefits.

This is general information, not legal advice — every case turns on specifics. If you're facing this situation, speaking with a family law attorney in your county is strongly recommended.