New York Family Law and Mediation Attorney
New York Mediation Attorney
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Litigated Divorce
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Divorce Mediation
Custody / Visitation
Equitable Distribution
Child Support
Spousal Support
Prenuptial / Postnuptial
Post Judgement of Divorce Matters
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Nassau County Child Custody and Manhattan Custody Lawyer

Child Custody and Visitation in New York

In New York, child custody has two major components. One is residential custody, which refers to where and with whom the child resides. The other is legal custody, which refers to the legal decision-making authority and relationship that the parents have over decisions for the child.

If you are contemplating taking legal action regarding the custody of your children, your interests will be better served if you have an experienced divorce lawyer as your advocate. Adam J. Peretz, Esq., of Peretz Family Law & Mediation, P.C. is such an advocate.
When determining the custody of the child, there are "no absolutes" for the Court to consider (Friederwitzer v. Friederwitzer, 55 N.Y.2d 89 (1982)) and the Court must look at the "totality of the circumstances" and must determine what is in the "best interests of the child". (Eschbach v. Eschbach, 56 N.Y.2d 167 (1982)).

To determine the best interests of the child, the Court should consider the following:
  • the quality of the home environment
  • the parental guidance provided by the custodial parent
  • the parties' financial status and the ability of the parties to provide for the child
  • the ability of the parties to provide for the child's emotional and intellectual development.

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