NEW YORK, NY – Child custody decisions in New York can have lasting effects on a family’s structure, parenting time, and decision-making authority. Manhattan child custody attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/how-does-a-court-decide-who-gets-custody-of-a-child/) outlines how courts apply the best interests of the child standard and what factors judges consider in custody disputes.
According to Manhattan child custody attorney Ryan Besinque, the primary consideration in any New York custody case is the best interests of the child. The standard is established by Domestic Relations Law Section 240(1) for divorce and separation proceedings, and Family Court Act Section 651 grants Family Court the same authority for parents who were never married. “No single factor controls the outcome,” Besinque explains. “Judges weigh the totality of circumstances to determine which arrangement best serves the child’s stability, security, and development.”
Manhattan child custody attorney Ryan Besinque notes that New York recognizes two main categories of custody: physical custody, which determines where the child lives day to day, and legal custody, which involves authority over major decisions about education, healthcare, and religion. Each can be granted as sole custody to one parent or jointly between both parents. New York does not presume joint legal custody is best in every case, and courts may award sole legal custody when ongoing high conflict, domestic violence, or substance abuse makes shared decision-making unsafe.
Attorney Besinque points out that judges in Manhattan family court evaluate a wide range of factors in custody cases. Continuity and stability often weigh heavily, including which parent has been the child’s primary caregiver. Work schedules and childcare arrangements matter, as does the home environment and whether either parent has a history of domestic violence, substance misuse, or mental health concerns that affect the child’s safety or care.
Attorney Besinque emphasizes that under DRL Section 240(1)(a), courts must consider the effect of domestic violence on the child’s best interests. Evidence of abuse, neglect, abandonment, or significant interference with the other parent’s visitation rights will weigh against the offending parent. “A parent who refuses to cooperate or who attempts to alienate the child from the other parent is unlikely to be viewed favorably by the court,” Besinque observes.
The Law Office of Ryan Besinque also addresses the role of a child’s preference. While the court considers the child’s wishes at any age, more weight is given to older and more mature children, and judges examine the reasons behind the preference. A preference grounded in lack of discipline or appropriate boundaries may carry less weight than one based on the child’s emotional and developmental needs.
The firm explains that being unmarried does not eliminate a parent’s right to seek custody, but unmarried parents who did not give birth must first establish parentage through an Acknowledgment of Parentage or by obtaining an order of filiation in Family Court. Marital misconduct such as adultery generally does not influence custody determinations unless it directly affects the child’s well-being, such as exposing the child to an unsafe environment.
Besinque advises that parents are not required to litigate custody before a judge. Many cases are resolved through negotiated parenting plans or stipulations, and New York City Family Court may refer custody and visitation matters to mediation. Even when parents reach an agreement, the court must still review and approve it to confirm that it serves the child’s best interests. “A negotiated agreement gives parents far more control over scheduling and decision-making than leaving those choices to a judge,” Besinque notes.
The firm represents clients in custody, divorce, support, and family offense matters across Manhattan and the surrounding boroughs. Each case is approached with attention to the financial and human dynamics involved, with an emphasis on reducing conflict where possible and protecting the parent-child relationship.
For parents facing a custody dispute in New York City, working with an experienced family law attorney can help protect parental rights and present a clear case to the court.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based family law firm focused on custody, divorce, support, and family offense matters. Led by attorney Ryan Besinque, who is licensed in both New York and California and serves on the Manhattan Assigned Counsel Panel, the firm represents families throughout Manhattan, Brooklyn, the Bronx, Queens, Westchester County, and Nassau County. For consultations, call (929) 251-4477.
Email: ryan@besinquelaw.com
Media Contact
Name
The Law Office of Ryan Besinque
Contact name
Ryan Besinque
Contact phone
(929) 251-4477
Contact address
115 W 25th St 4th floor
City
New York
State
New York
Zip
10001
Country
United States
Url
https://www.besinquelaw.com/
