New York Custody Guide: Filing and Deadlines

New York-Specific Custody Information

New York's custody system has unique complexities — including different courts depending on whether you're married or unmarried. Here's your New York-specific guide.

Critical Deadlines

Response deadline: 20–30 days depending on how you were served (personal service vs. other methods)
If served personally: 20 days to answer (30 days if served outside New York State)

Which Court?

This trips up many New York fathers:

Married parents: Custody is handled in Supreme Court as part of the divorce
Unmarried parents: Custody is handled in Family Court through a separate petition
Both courts: Can issue custody and visitation orders
Important: Paternity must be established before an unmarried father can petition for custody. This can be done through an Acknowledgment of Paternity or a Family Court petition.

New York's Custody Framework

New York uses two types of custody:

Legal custody: Decision-making authority (joint or sole)
Physical custody: Where the child primarily lives (joint or sole)
Visitation: The parenting time schedule for the non-custodial parent

Best Interest Standard

New York courts have wide discretion in determining custody. The "best interest of the child" is the paramount concern, with factors including:

Each parent's ability to provide stability
The quality of the child's home environment with each parent
Each parent's ability to guide the child's development
The child's wishes (given appropriate weight based on age and maturity)
Domestic violence history
Each parent's willingness to foster a relationship with the other parent

No Joint Custody Presumption

Unlike some states, New York has no statutory presumption for or against joint custody. Courts decide based on the specific facts of each case.

Attorney for the Child (AFC)

New York appoints an Attorney for the Child (not a Guardian Ad Litem) in custody cases. The AFC represents the child's wishes, not the child's "best interests" — an important distinction. The AFC advocates for what the child wants, though they can advocate for a different position if the child's wishes would put them at risk.

Lincoln Hearings

New York judges may conduct a Lincoln hearing — a private, in-chambers interview with the child. Neither parent is present. The judge assesses the child's wishes, maturity, and understanding directly.

E-Filing

NYSCEF — New York State Courts Electronic Filing system

Available in Supreme Court
Family Court filings may still require in-person filing depending on the county

NYC vs. Rest of State

New York City: Five boroughs, each with its own Family Court. Supreme Court (for divorce) in the county of residence.
Rest of state: County-level Family Court and Supreme Court
Procedures and local rules can vary significantly between NYC and upstate courts

Forensic Evaluation

New York courts commonly order forensic custody evaluations in contested cases. A mental health professional (usually a psychologist) conducts a comprehensive assessment and files a report. These carry significant weight with New York judges. Cost: $5,000–$15,000.

Finding a New York Attorney

New York State Bar Referral: nysba.org/lawyer-referral
NYC-specific: Legal Aid Society, The Legal Aid Bureau of various counties
LawHelp.org — select New York
Legal Services NYC (for NYC residents): legalservicesnyc.org

Next Steps

Determine your response deadline based on how you were served
Identify the correct court (Family Court if unmarried, Supreme Court if divorcing)
If unmarried, ensure paternity is established
Contact the NY State Bar Referral Service
Register for NYSCEF if filing in Supreme Court