New York Child Custody

If parents cannot reach a custody agreement, then a New York judge will make a custody decision based on the best interests of the child. In awarding primary custody, the judge will look at a number of factors, including:

  • The health of both parents
  • Each parent's availability
  • Evidence of abuse or neglect
  • The environment at each parent's home
  • Which parent has been the child's primary caretaker
  • The child's preference

Both parents are bound by the court's custody order once it has been signed by the judge and filed with the court clerk.

Paternity

In New York, there are several ways to establish paternity of a child:

  • Both parents are married prior to the child's birth
  • The father has signed an acknowledgement of paternity
  • The court has issued an "order of filiation" declaring someone to be the legal father

A child custody attorney in New York can help represent you in court, help explain your legal options, and negotiate a child custody agreement.

Child Support

New York child support is calculated based on both parents' combined income and the number of children each parent supports. The support amounts are:

  • 1 child: 17%
  • 2 children: 25%
  • 3 children: 29%
  • 4 children: 31%
  • 5 or more children: At least 35%

If parents earn more than $80,000 annually, the court can deviate from these support amounts. The court can also alter the support amount to cover medical expenses, child care expenses, and educational expenses.

New York child support can also be adjusted in the future based on a change in circumstances. These would include:

  • A significant change in one parent's income
  • A change in which parent the child spends more time with
  • A change in the child's financial needs (such as extraordinary medical or educational expenses)

Once the divorce has been granted, child support payments that are processed through the New York State Disbursement Unit can be set up online through the New York State Division of Child Support Enforcement, making the process more convenient for both parties. If payment of child support becomes a problem, the Division of Child Support Enforcement is responsible for child support enforcement.

New York Custody Additional Resources