Custody decisions are based on the child’s best interests. Learn what courts consider and how an attorney can help you prepare.
Child custody cases can be emotional and stressful, especially when parents disagree. In New York, custody decisions are based on what the court believes is in the child’s best interests.
This does not mean custody automatically goes to one parent. It means the court looks at a range of factors to determine what will support the child’s stability, safety, and well-being.

Types of Custody
In New York, custody generally includes:
- Legal custody: who makes major decisions for the child
- Physical custody: where the child lives most of the time
Custody can be shared or primarily awarded to one parent, depending on the facts.
What Courts Consider
The court may look at:
- each parent’s ability to provide stability
- the child’s current routine and home environment
- each parent’s work schedule
- the child’s relationship with each parent
- any history of domestic violence or substance abuse
- willingness to cooperate and co-parent
Why Documentation Matters
Custody cases often involve competing narratives. Having clear documentation, consistent behavior, and a realistic parenting proposal can make a difference.
Contact LoTempio P.C. Law Group
If you are facing a custody dispute or divorce, LoTempio P.C. Law Group can help you protect your rights and your child’s best interests. 716-855-3761
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We’ve been advocating for our clients in the Western New York area for the past 50 years and our proud to say that, as members, we know and understand this community, and are here to support you when you need it most. At LoTempio P.C. Law Group, We Are Your Complete Counsel.

