Custody and visitation cases are among the most personal and emotional matters a family can face. Whether you are separating, divorcing, never married, or seeking to change an existing order, the outcome will shape your relationship with your children for years to come.
At Sharifov & Associates, PLLC, we represent parents and family members in custody and visitation cases in Family Courts and Supreme Courts throughout New York City and Long Island, through negotiation and, when necessary, trial.
The parent without primary physical custody usually receives parenting time (visitation) (opens in a new tab) under a schedule, from alternating weekends to extensive shared time. When there are safety concerns, the court may order supervised visitation.
New York courts decide custody based on the best interests of the child. There is no automatic preference for mothers or fathers, and no automatic presumption of joint custody. Courts consider factors such as:
Unmarried fathers. If the parents were not married, paternity may need to be established before a father can seek custody or visitation, for example through a signed Acknowledgment of Paternity (opens in a new tab) or a court order.
Preparing your case. Records of your involvement in your child's life, such as school and medical records, communications with the other parent, and a consistent parenting history, can be powerful evidence.
A parent who wants to move a significant distance with a child generally needs the other parent's consent or the court's permission. Courts weigh the reasons for the move, its effect on the child's relationship with the other parent, and whether it would benefit the child.
Child support is calculated under the Child Support Standards Act (opens in a new tab), using a percentage of combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Effective March 1, 2026, the percentages apply to combined parental income up to $193,000 (opens in a new tab). A support order can generally be modified after three years, after a 15% change in either parent's income, or upon a substantial change in circumstances.
Grandparents may seek visitation in certain circumstances (DRL § 72). A grandparent or other non-parent can seek custody only after first showing extraordinary circumstances, such as abandonment, persistent neglect, or an extended period during which the non-parent cared for the child.
New York generally has jurisdiction over custody if it is the child's home state, meaning the child lived here for at least six months before the case began. International cases may involve the Hague Convention on international child abduction (opens in a new tab).
Special Immigrant Juvenile Status (SIJS). In some custody and guardianship cases, the Family Court can make findings that allow an eligible non-citizen child under 21, who has been abused, neglected, or abandoned by a parent, to apply for SIJS, a path to a green card. Our combined family and immigration practice allows us to handle both parts of these cases.
Practical answers
Related pages: Order of Protection | Child Abuse & Neglect | Spousal Support & Maintenance
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