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What You Might Not Know About Child Custody in New York!


As a psychologically-trained divorce attorney and mediator, I receive calls from spouses all the time asking all kinds of questions about custody!

So what is custody?

Custody is not defined as the primary residence of the children. Custody is the right to make decisions, including: What school the children will attend, the children’s primary care physician, the religion of the children, and attendance at sleep away summer camp. And custody can be retained by one or both parents.

So here’s a few things you might not know about custody in New York.

  1. For the New York Courts to have jurisdiction in your matter, the child must have lived in New York for the past 6 months.
  1. Either parent can file for custody in Supreme Court once divorce proceedings begin.
  1. The court can consider where a child wants to live, but does not have to follow the child’s wishes. The older a child is, the more the court will take into consideration what the child wants.
  1. If the parent who has custody of the child wishes to move he/she may need to get permission from the court.
  1. If you have a custody order and the other parent takes the child from you or won’t return the child from a visit the other parent can be arrested.

Something else you may not know about child custody is that court is not your only option to settle custody issues. Mediation is often a much better method to help parents make custody decisions.

As a psychologically-trained divorce attorney and mediator for over 35 years, I use psychology and legal skills to help parents come to agreements that are in the best interests of everyone—without spending tens of thousands of dollars.

As a mediator, I can also help divorcing parents make custody decisions without all of the hurtful emotion behind it.

I very often encourage my clients to consider mediation to work out their custody issues. Mediation is a better vehicle for all involved. There is no reason to add any more pain to the division of a family.

Do you have more custody questions? Call me. Learn more about the family friendly option of mediation when it comes to child custody.

I am offering Free 1 hour child custody consultations. Why not join me to learn more…

All our FREE I HOUR CONSULTATIONS arestill available virtually.

I look forward to answering all your child custody questions and sharing all the impressive benefits of mediation with you!

Warm regards,


Call New York Divorce Lawyer Lois Brenner now to get answers to all your child custody questions!