How to Get Full Custody of a Child in New York

In the State of New York, full custody is a custody arrangement where one of a child’s parents assumes all of the responsibilities related to raising their child. This type of custody can be awarded to a custodial parent if one of more of the following situations arises:

• A parent is disabled, ill, or is otherwise incapacitated
• One parent has a considerably negative criminal record or is incarcerated
• One parent has a history of neglect or abuse
• The court deems that one parent is not fit to raise their child

If one of a child’s parents is awarded full custody, that parent will have both legal and physical custody. However, full custody does not mean that the other parent will not be given any visitation rights.

In some cases where full custody is awarded, the non-custodial parent or the other parent may be given short visitation times with the child. The terms sole custody and full custody are typically interchangeably used, although there are differences between these arrangements.

For example, in a sole custody arrangement, a non-custodial parent is usually not awarded any visitation or custody rights. In these cases, the non-custodial parent is usually ordered to pay child support.

A court will usually only give full custody rights to one parent in certain situations, such as if one of the parents cannot care for the child because they are unfit or unable. In most situations, it is considered to be in the child’s best interests to have equal relationships with both of their parents.

With a full custody arrangement, only one parent will have physical and legal custody, as noted above. The parent with whom the child will live has physical custody, meaning they will be responsible for the child’s:

• Clothing
• Shelter
• Food
• Educational matters
• Other related expenses

The parent with legal custody is responsible for making certain legal decisions on the child’s behalf, such as their:

• Healthcare
• Religion
• Education
• Extracurricular activities

With full custody, in some cases, the non-custodial parent also receives visitation times with the child. Full custody is a more demanding type of custody than other arrangements, such as shared or split custody.

This is because the custodial parent will assume most of the responsibilities related to raising the child. This custody arrangement is not usually granted just because a parent requests it.

Full custody is typically only awarded by a family court that determines it will truly be in the best interests of the child. When a parent wants to seek full custody of their child, they should keep in mind certain tips when requesting full custody from the court, including:

• Being prepared to provide documentation that they are capable of raising the child
  • This may include financial statements, for example, bank account statements and proof of a residence
• Not purposely exaggerating or falsifying any information to try and obtain full custody
  • If a parent does this, they may be held in contempt of court or face other criminal charges
• The parent may have to explain why they think they are the better parent to raise the child. However, they should not belittle or insult the other parent

If full custody is not an available option in a case, there can be other available alternatives, which may include:

• Shared or joint custody
• Legal guardianship
• Planned visitation

To get more information on obtaining full custody in the State of New York, a parent should schedule a lawyer consultation with a local New York attorney.

What Are the Requirements for Full Custody?

Parents may be required to fulfill certain full custody requirements, which may vary by jurisdiction, to get full custody of their child. This may include showing the court that they are a fit parent and will be able to prioritize the best interests of their child and provide a stable home environment.

The parent may need to submit evidence showing that the child’s other parent will not be able to adequately care for their child due to factors including abuse, neglect, or instability. When a court makes this type of decision, it considers many factors, including, but not limited to:

• The best interests of the child
  • The court will prioritize what is best for the child, which includes their educational, physical, and emotional needs.
• Which parent can provide a stable home environment
  • The parent will need to show that they can provide a safe and stable home for the child.
• Which parent can provide financial stability
  • The parent will need to demonstrate they will be able to meet their child’s financial needs.
• The fitness of a parent
  • This includes their ability to properly care for the child.
• Whether there is a history of neglect or abuse
  • If there is evidence of prior neglect or abuse, the requesting parent has a stronger case for full custody.
• The preferences of the child, depending on their age
  • Even though they are not always followed, the wishes of an older child may be considered by the family court.

How Is Custody Determined?

The child’s best interests standard will be the determining factor in any type of child custody case. Typically, when a court is making child custody decisions in New York, it will consider the following:

• Whether the child has special needs or disabilities, as they may be used to a certain home and accustomed to one parent providing their daily specialized care
• The child’s background, including their:
  • sex assigned at birth
  • age
  • personal health characteristics
• If the child is 12 years old or older, the court may consider their custody preferences
• The mental and physical health of both parents
• Environmental issues in the child’s life, such as:
  • The safety of each parent’s neighborhood
  • The quality of the available education in each parent’s school district
  • Each parent’s proximity to extracurricular activities
• Whether each parent can give the child emotional and financial support while the child is in their care
• Whether the child has any attachments to other family members, such as siblings, in a home
• The commitment of each parent to help their child maintain a healthy and ongoing relationship with their other parent
• The stability of each of the parent’s background and lifestyle

When a court makes a determination about a child custody issue, it will typically be included in a formal child custody order from the court. To obtain a custody order, a parent will need to petition the family court that is handling their legal separation or divorce proceedings.

Pursuant to the custody laws for unmarried parents, in some jurisdictions, a child’s mother will be awarded primary custody initially until the child’s father petitions the court for visitation and custody.

Do I Need To Hire a Lawyer for Help With Child Custody Issues?

If you are a New York parent who is having any type of issues related to an existing child custody order or you wish to ask the court for custody, you should reach out to a New York child custody lawyer. Your attorney will help you understand your legal rights as a parent and your options under New York laws.

Finding a child custody order in New York is easy using LegalMatch’s free and convenient lawyer matching services. All you have to do is submit your question or concern on the LegalMatch website, and in around 24 hours, you will receive responses from licensed and pre-screened lawyers near you who can help.