NEW YORK, NY – Custody disputes in New York can shape where a child lives, who makes decisions about education and healthcare, and how much time each parent spends with the child for years to come. Manhattan child custody lawyer Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/child-custody-lawyer-new-york/) recently published comprehensive guidance covering how custody is determined under New York law, the types of arrangements available, and the legal standards courts apply.
According to Manhattan child custody lawyer Ryan Besinque, child custody in New York is governed by Domestic Relations Law § 240 and Family Court Act § 651, which give both Family Court and Supreme Court jurisdiction over custody and visitation proceedings. Courts no longer presume that the mother is the preferred custodian, and both parents have equal standing under the law. “Custody decisions today come down to the best interests of the child, not assumptions about gender,” Besinque explains.
Manhattan child custody lawyer Ryan Besinque notes that the best interests standard, established by the New York Court of Appeals in Eschbach v. Eschbach, requires courts to evaluate the totality of a child’s circumstances. Relevant factors include each parent’s ability to provide consistent care, parenting skills, the child’s current living arrangement, work schedules, sibling relationships, any history of domestic violence or substance abuse, and the child’s preference if the child is old enough to express a reasoned choice…