How to Get Full Custody in NY

NY family custody lawyer explains how to get full custody in NY. Call (516) 334-4100 to schedule a free initial consultation if you have questions about your child custody case.

When you’re in the middle of a custody dispute in New York, it can feel like your child’s entire future rests on decisions you cannot control. You may be worried about their safety, their routines, or the influence of the other parent. You may also feel pressure from family members who have strong opinions about what should happen next. These moments carry a lot of weight because you want your child’s life to stay steady, secure, and rooted in what supports their physical health and emotional well-being.

If you’re searching for how to get full custody in NY, you’re likely in a situation where you believe your child needs one parent to take the lead on major decisions or daily care. New York courts take these requests seriously because full custody affects each part of a child’s upbringing, school life, medical care, and long-term stability. In the sections below, you’ll find a detailed explanation of how New York courts evaluate custody requests, how to strengthen your position, and what parents across Suffolk County, Nassau County, and Long Island need to know before stepping into family court.

What Full Custody Means in New York

Full custody is often described in two ways: sole legal custody and sole physical custody. These terms appear throughout New York custody cases and carry different responsibilities.
Sole legal custody gives one parent authority over major decisions such as medical care, education, religious upbringing, and other parts of a child’s welfare. With sole legal custody, the other parent may still have visitation rights, but they do not share decision-making power.

Sole physical custody, sometimes called residential custody, means the child lives primarily with one parent. The other parent may have court-ordered parenting time, depending on what the court believes supports the child’s best interests.

New York law does not favor one parent over the other from the start. Courts evaluate each case individually based on what supports the child’s safety, stability, and healthy development. The best-interests standard appears throughout New York case law, and the courts rely on it to guide custody determinations. The relevant statute governing custody and visitation is Domestic Relations Law Section 240.

Factors Courts Review When You Seek Full Custody

Judges look at many parts of a child’s life when determining child custody. If you ask the court for sole legal custody, sole physical custody, or both, the judge will evaluate the below factors:

• Your ability to provide a safe home environment
• Any history of domestic violence
• Whether the other parent has committed child abuse or neglect
• Your child’s established routine and daily needs
• Your involvement in school, medical care, activities, and emotional support
• Your ability to support a consistent daily structure
• How well you can encourage a positive relationship with the other parent when safe
• Your child’s preference if they’re mature enough to express it
• Any substance abuse issues
• The mental and physical health of each parent
• The presence of extended family and local resources that support the child
• The stability of each home environment

Judges also review each parent’s ability to communicate and make decisions as a team. When that’s not possible, or when the relationship places the child at risk, courts may award sole legal custody to one parent.

When Full Custody Becomes More Likely

Full custody is not common, but there are situations where courts are more open to granting it. You may have a stronger case if you can show that the other parent’s behavior creates real obstacles to shared custody. Examples include:

• A pattern of domestic violence documented through police reports, orders of protection, or court records
• A history of child abuse or neglect supported by Child Protective Services (CPS) findings
• Persistent refusal to follow the current custody order
• Repeated interference with visitation rights
• Substance abuse issues that endanger the child
• A home environment that lacks stability or safe supervision
• Serious mental-health concerns left untreated
• Extended absences where one parent has shouldered all daily responsibilities

If any of these issues appear in your case, a judge may conclude that joint legal custody or joint physical custody would not support your child’s well-being.

Evidence That Strengthens Your Request for Full Custody

As you move forward in the legal process, your ability to present clear evidence plays a major role in custody decisions. You can strengthen your position by gathering:

• School records, medical records, and activity schedules that show your involvement
• Messages or emails that reflect attempts to communicate about the child
• Police reports, CPS findings, or court documents related to abuse or violence
• Statements from teachers, counselors, coaches, or family members
• Proof of stable housing, work schedules, and childcare plans
• Documentation showing the other parent’s missed visits or unsafe conduct

Judges need a full picture of your child’s life, and strong documentation helps you give the court that picture. Presenting this evidence through a family law attorney also helps you focus on what matters most.

What Happens During a Full Custody Case in New York

Custody disputes in New York follow a structured process through family court or Supreme Court, depending on your situation. While each case is different, the steps below appear in most custody and parenting time matters:

1. Filing the custody petition. You or the other parent files for custody under Family Court Act Article 6.
2. Temporary orders. The court may issue temporary custody or visitation orders to stabilize the child’s routine.
3. Court-appointed professionals. The judge may appoint an attorney for the child or order a forensic evaluation if there are safety concerns or serious disputes.
4. Settlement discussions. Many cases resolve through written custody agreements if the parents involved can reach terms that support the child’s routine and well-being.
5. Contested hearings. If no agreement is reached, the court holds hearings where each parent presents evidence, testimony, and witnesses.
6. Final custody order. The judge issues a court order outlining legal custody, physical custody, and parenting time.

If circumstances change later, you may petition for a custody modification, but you must show a substantial change in circumstances that affects the child’s safety or stability.

Can a Child Decide Who to Live With in New York

Children do not decide custody. However, their preferences matter once they reach an age where they can express thoughtful views. Judges consider a child’s wishes along with each aspect of their welfare. A child’s preference never stands alone, but it can influence the final decision.

When the Other Parent Seeks Joint Custody

Courts may consider joint legal or joint physical custody when both parents communicate well and can support the child’s daily needs. If you’re opposing joint custody, you need evidence that shared decision-making or shared time would affect your child’s safety or stability. In cases involving domestic violence, child abuse, or substance abuse, joint custody is unlikely under New York law.

The Role of a Family Law Attorney in Full Custody Cases

These cases involve emotionally challenging decisions that influence a child’s future. A family law attorney can represent clients in New York custody disputes, prepare legal strategies, and guide you through court proceedings from petition to final custody order. Families across Long Island rely on skilled legal representation to address legal matters that affect children involved, extended family, and daily life.

If you’re moving forward with a custody case in Suffolk County or Nassau County, working with a family custody lawyer who focuses on New York family law gives you important insight into local laws, family court expectations, and practical issues that can arise during custody determinations.

Support Your Child’s Best Interests with Hedayati Law Group, P.C.

Requesting full custody brings up a mix of legal and emotional challenges. The child custody attorneys at Hedayati Law Group, P.C. understand how much these decisions affect your child’s life, your rights, and your family’s future. Our law office represents parents throughout Suffolk County, Nassau County, and Long Island in custody cases involving sole legal custody, sole physical custody, joint custody disputes, custody modifications, and enforcement of court orders.

With more than 150 years of combined legal experience, our lawyers for custody cases know how to protect your parental rights while keeping your child’s well-being at the center of each decision. Whether you are the custodial parent, the non-custodial parent, or one parent seeking full custody, we can explain how New York’s custody laws apply to your situation and guide you through each part of the legal process.

Call (516) 334-4100 or complete our confidential online form to schedule your free initial consultation with a child custody attorney at Hedayati Law Group, P.C. We’re here to support your next steps with practical guidance and focused representation.

Our team protects your rights so you can move forward on your terms.