New York Child Custody Attorney

Over 3,000 Cases. Exclusive Family Law Focus. Fighting for NYC Parents.

Child custody cases carry some of the highest stakes in family law: where your child lives, who makes decisions about their education and healthcare, and how parenting time is divided going forward. At Eiges & Orgel at Ballon Stoll P.C., our attorneys practice divorce and matrimonial law exclusively, bringing over 60 years of combined experience and more than 3,000 handled cases to every custody matter we take on. That single-practice focus directly shapes how we prepare, negotiate, and, when necessary, litigate for our clients in New York City Family Court.

When your children’s future is on the line, you need to be confident that you’re doing everything possible to work toward a strong and fair resolution. Kenneth Eiges and Scott Orgel have both been selected to Super Lawyers®, and Kenneth A. Eiges holds the AV Preeminent® Rating from Martindale-Hubbell® for 2026, the highest rating the service issues. Our firm also carries an A+ BBB rating and a 10.0 Superb rating on Avvo for both named attorneys. We offer in-office, phone, and virtual appointments at our offices in New York, Brooklyn, and Briarwood.

Looking for help with a child custody matter? Reach out to a child custody attorney in New York City at Eiges & Orgel at Ballon Stoll P.C. to explore your legal options, or call (347) 848-1850.

Work With a Custody Lawyer Who Knows What’s Important to You

Understanding the New York Child Custody Process

Before filing for custody in New York, it helps to understand where your case will be heard and what steps the court may expect you to follow. Most custody and visitation matters begin in the Family Court in the county where your child has lived for the last six months, although some issues connected to divorce are handled in Supreme Court. We walk clients through which court is appropriate, what forms must be filed, and how to prepare for each stage so there are fewer surprises along the way.

After a petition is filed and the other parent is served, the court may schedule one or more conferences to explore whether an agreement is possible. If you and the other parent can’t reach a full agreement, the judge may appoint an attorney for the child and set the case down for a hearing. At a custody hearing, both sides present witnesses, documents, and other evidence, and the judge may question the parents about their proposals. We prepare clients for these appearances by explaining courtroom procedure in plain language and carefully organizing the facts that support their requested parenting plan.

Many New York custody cases also involve interim orders, temporary visitation schedules, or referrals to court-offered mediation services. These interim steps can affect your daily routine with your child while the case is pending, so it’s important to treat them seriously and follow all directions from the judge. We stay accessible throughout the process, answering your questions between court dates and adjusting strategy as new developments arise so you understand what’s happening and what can come next.

Is New York a 50/50 Custody State?

No. New York courts don’t automatically split custody equally between parents. Instead, a judge will consider many details about your family to determine what arrangements would be best for your child.

Factors such as each parent’s availability, the child’s relationship with each parent, and the logistics of daily needs all shape the decision. Custody arrangements also need to remain flexible as family dynamics evolve, whether that means changes in work schedules, relocations, or other significant life events. We help clients craft a parenting plan that reflects the unique needs of their family.

Parents in New York are sometimes surprised to learn that a court may approve a plan that doesn’t look “even” on paper if the judge is convinced it would create more stability for the child. For example, a school-aged child might spend school nights with the parent who lives closer to their school and weekends with the other, or siblings might have slightly different schedules if that better fits their activities. We help clients think through practical details such as transportation to school, extracurricular activities, and holiday traditions so that proposed schedules are realistic and more likely to be accepted by the court.

What Are the Different Types of Child Custody in New York?

New York recognizes two categories of custody: “Physical Custody” and “Legal Custody.” Physical custody refers to which parent the child lives with; legal custody refers to which parent has the authority and duty to make important decisions about the child’s life, including education, religion, and healthcare. Within each category, custody may be awarded solely to one parent or jointly to both.

Sole physical custody may be appropriate when a child needs a consistent living environment with one parent, particularly if the other parent lives far away or has an unconventional work schedule. Joint legal custody promotes cooperative parenting by ensuring both parents have input on decisions that affect the child’s future. We guide clients through the pros and cons of each arrangement and clarify how these decisions can affect their daily lives and future responsibilities.

The four recognized custody types in New York are:

• Sole Physical Custody: The child lives with one parent. The non-custodial parent is usually granted visitation rights.
• Joint Physical Custody: The child lives with both parents at different times.
• Sole Legal Custody: One parent has the sole authority to make decisions about the child’s education, religion, healthcare, extracurricular activities, and similar matters.
• Joint Legal Custody: Both parents must work together on important decisions affecting the child’s life.

How Do I Get Visitation Rights?

Whether you are a father concerned about protected parenting time or a mother focused on custody and spousal support, you need an attorney who understands child custody law and can advocate effectively for your interests.

Several types of visitation may be awarded to the parent who isn’t granted primary physical custody. Supervised visitation may be ordered when there are concerns about a child’s safety, with a professional or trusted third party present during visits. Virtual visitation through video calls and digital communication offers added flexibility for parents and children to maintain their relationship. If circumstances change, such as the relocation of a custodial parent, visitation arrangements may need renegotiation to preserve the child’s relationship with both parents. Grandparents on both the maternal and paternal sides may also petition for visitation during or after divorce proceedings. We handle visitation matters for both parents and address grandparent requests on both sides, always advocating for solutions that prioritize the child’s welfare.

The Best Interests of the Child Standard

New York Domestic Relations Law §70(a) provides:

“In all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is in the best interest of the child, and what will best promote its welfare and happiness, and make award accordingly.”

The courts have interpreted this to mean:

“In a custody proceeding arising out of a dispute between divorced parents, the first concern of the court is and must be the welfare and the interests of the children. Their interests are paramount. The rights of their parents must, in the case of conflict, yield to that superior demand.” Lincoln v. Lincoln, 24 N.Y.2d 270, 299 N.Y.S.2d 842, 247 N.E.2d 659 (1969).

This statutory standard is known as the best interests of the child standard. It considers the emotional and physical safety of the child, each parent’s ability to meet the child’s basic needs, the child’s relationship with siblings, and the child’s own preferences depending on their age and maturity. Our role is to meticulously prepare and present the evidence and arguments that can most strongly support your case under this standard.

Issues to Consider in a Child Custody Case

If you and your spouse agree on custody, the divorce can proceed as uncontested. If you can’t agree, it becomes contested, and the matter goes before a judge. Leaving that decision to a judge carries real risk: the outcome may not match what you were hoping for.

Additional issues often arise in custody cases, including financial responsibilities, each parent’s lifestyle, the child’s educational needs, religious upbringing, and community ties. It’s also worth thinking ahead to future scenarios such as relocations, changes in work schedules, and evolving family dynamics that may require legal amendments later. Proactive planning and thoughtful legal preparation can reduce disputes and make the overall custody process more manageable.

Common Misconceptions About Child Custody in New York

One common misconception is that mothers automatically receive custody. In reality, New York courts focus solely on the child’s best interests, and both parents start on equal footing. Another misunderstanding is that a child’s preference determines the outcome. While a child’s wishes can be one factor, particularly for older children, they aren’t determinative on their own.

There’s also frequent confusion about legal versus physical custody. Legal custody covers decision-making authority over major aspects of the child’s life; physical custody determines where the child primarily lives. Joint legal and joint physical custody arrangements can exist independently of each other depending on what best serves the child. Understanding these distinctions helps parents prepare and strategize more effectively. Our priority is to educate and advocate for clients so they enter this process fully informed.

What a New York City Child Custody Attorney Does for You

Parents facing a custody case often want to know what a lawyer will actually do for them beyond filing paperwork. A child custody attorney helps you evaluate your goals, understand how New York law applies to your specific situation, and identify realistic outcomes before you step into court. Because our attorneys practice divorce and matrimonial law exclusively, every attorney who handles your custody matter brings focused experience at the intersection of custody, divorce, support, and modification law rather than splitting attention across unrelated practice areas.

Building Your Case & Preparing for Court

Once we understand your priorities, we gather and organize the records that will matter to the judge: school documents, medical information, and the communication history between parents. In cases heard in New York City Family Court, we also prepare you for interactions with court-appointed attorneys for the child and any mental health professionals involved in the proceedings. Throughout negotiations and hearings, you work directly with an attorney, not a staff member. Our goal is to make a complicated process more manageable by pairing thorough preparation with consistent, clear communication.

Guidance After a Custody Order Is Entered

Even after a custody order is entered, questions arise about enforcing it, interpreting specific provisions, and whether a modification petition is warranted. We continue to advise clients on practical steps they can take to document issues, reduce conflict, and protect their relationship with their children. With more than 3,000 divorce and family law matters handled across New York City, we bring a strong track record navigating both contested and uncontested custody situations to every case we accept. In-office, phone, and virtual appointments are available to fit your schedule.

Tips for Co-Parenting in New York

Effective co-parenting starts with communication. Both parents should aim to maintain a respectful tone in discussions about their child, and co-parenting apps can simplify scheduling and keep both parties informed about appointments, events, and changes. Consistent rules and routines across both households give children a sense of security and stability.

Shield your child from conflict and reassure them of both parents’ love and support. As your child grows and their needs change, revisiting the parenting plan periodically keeps arrangements relevant. Co-parenting counseling or support groups in New York can also provide useful strategies for reducing tension. We emphasize proactive planning and creative problem-solving to help build a co-parenting relationship that genuinely benefits your child.

Protecting Your Rights to Your Children

At Eiges & Orgel at Ballon Stoll P.C., we have provided families throughout New York City with effective representation in child custody, child support, visitation, and divorce matters. Our attorneys bring over 60 years of collective legal experience to these cases and have handled more than 3,000 divorce and family law matters across the city. Kenneth Eiges and Scott Orgel have both been selected to Super Lawyers®; Kenneth A. Eiges holds the AV Preeminent® Rating from Martindale-Hubbell® for 2026; and the firm has been featured on CNN® and People®. We hold an A+ rating from the BBB and a 10.0 Superb rating on Avvo for both named attorneys.

Protecting your rights requires understanding family law and staying prepared for what may arise. We help clients document interactions, maintain communication records, and respond proactively to changes in their circumstances. Our approach combines thorough preparation with consistent client engagement so every aspect of your case is addressed from start to finish.