Child Custody & Visitation Attorney in Manhattan, New York
No aspect of a divorce or separation touches the heart more deeply than the question of your children. Where will they live? Who will make decisions about their education and healthcare? How much time will each parent have? These are not abstract legal questions — they are the framework of your children’s lives and your relationship with them. Steven J. Mandel at Warshaw Burstein, LLP, approaches every Manhattan child custody case with the urgency, compassion, and legal skill it deserves.
New York Child Custody Law: The Foundation
New York courts determine all child custody matters under the best interests of the child standard. There is no automatic presumption in favor of either parent. The court considers a comprehensive list of factors — the quality of each parent’s relationship with the child, each home environment, each parent’s mental and physical health, any history of domestic violence or substance abuse, the child’s own preferences (depending on age), and crucially, each parent’s demonstrated willingness to foster the child’s relationship with the other parent.
This last factor — the ability and willingness to co-parent — is one that judges in Manhattan and across New York take very seriously. A parent who attempts to alienate a child from the other parent, or who consistently undermines the co-parenting relationship, is likely to face adverse consequences in custody proceedings.
Types of Custody in New York
- Sole legal custody — one parent has the right to make all major decisions for the child
- Joint legal custody — both parents share decision-making authority on major issues
- Primary physical custody — the child lives primarily with one parent
- Shared physical custody — the child divides time substantially between both parents’ homes
- Supervised visitation — court-ordered oversight of parenting time when safety concerns exist
How We Approach Manhattan Custody Cases
Steven J. Mandel has represented parents in child custody proceedings across Manhattan, the Bronx, Brooklyn, Queens, Westchester, and Nassau counties for decades. He understands what Manhattan Family Court and Supreme Court judges look for, how to build a compelling custody case, and how to protect children from being used as pawns in adult conflict.
He also knows when negotiation and mediation can produce better outcomes for families than courtroom litigation — and when litigation is the only way to protect a child’s safety and wellbeing. His approach is always guided by what is genuinely best for the child, not just what wins in court.
Custody Services We Provide in Manhattan
- Initial custody orders in divorce and separation proceedings
- Modification of existing custody orders when circumstances change
- Enforcement of custody and visitation orders
- Grandparent and non-biological parent custody rights
- Parental relocation requests and objections
- International custody disputes and Hague Convention cases
- Representation of parents in Article 6 Family Court proceedings
Call (646) 770-3868 to speak with a Manhattan child custody attorney who will fight for your family.
Frequently Asked Questions: Child Custody & Visitation Attorney in Manhattan
Q1: How does New York determine child custody?
New York courts determine child custody based on the best interests of the child. Judges consider a wide range of factors including each parent’s relationship with the child, the quality of each home environment, each parent’s ability to provide for the child’s physical and emotional needs, the child’s existing adjustment to home, school, and community, and each parent’s willingness to support the child’s relationship with the other parent. There is no automatic preference for either parent based on gender.
Q2: What is the difference between legal custody and physical custody in New York?
Legal custody refers to the right to make major decisions about a child’s life — including education, healthcare, and religious upbringing. Physical custody (also called residential custody) refers to where the child primarily lives. Courts can award sole or joint versions of each type. Joint legal custody — where both parents share decision-making — is common. Joint physical custody involves the child spending significant time with both parents.
Q3: Can a child decide which parent to live with in New York?
A child does not have the legal right to choose which parent they live with, but older children’s preferences are given weight by New York courts. The older and more mature the child, the more seriously the court considers their stated preference. Typically, the court will appoint an attorney for the child (AFC) to independently represent the child’s interests in contested custody proceedings.
Q4: What is a parenting plan and do I need one in a Manhattan custody case?
A parenting plan is a detailed written agreement specifying how parents will share time and responsibilities for their child. It covers the regular custody schedule, holidays and vacations, communication protocols, and decision-making procedures. While not legally required, a comprehensive parenting plan is strongly advisable — it minimizes future conflict by providing clear, enforceable guidelines and demonstrates to the court that both parents are focused on the child’s wellbeing.
Q5: What should I do if my ex-spouse is violating our custody order in Manhattan?
If your co-parent is violating a court-ordered custody arrangement — whether by withholding access, failing to return the child, or unilaterally changing the schedule — you should document every violation carefully and contact a family law attorney immediately. You can file a violation petition in the appropriate New York court. Persistent, willful violations can result in modification of the custody order in your favor and, in serious cases, contempt proceedings.
