Custody And Parenting Time
Dom. Rel. Law § 70 — no parent has a head start, only the child's best interest
In New York, where a minor child lives in the state, either parent may apply to the supreme court to have the child brought before it, and the court may award custody to either parent, for such time and under such conditions as the case requires, and later change it.
No prima facie right. In all cases neither parent has a prima facie right to custody. The court determines solely what is for the best interest of the child and what will best promote the child's welfare and happiness, and awards custody accordingly.
Visitation for a child in care. An order for visitation with a child placed in care under the family court act is enforceable against whoever has custody of the child.
| The assumption | What the law actually does |
|---|---|
| The assumptionMothers start with the advantage | What the law actually doesNeither parent has a prima facie right to custody |
| The assumptionA custody order is permanent | What the law actually doesThe court may at any time vacate or modify it |
Family court custody petitions, divorce, relocation and child support are separate from this page. What a particular situation carries is a question for a licensed New York attorney.
Sources for this section (1)
- Dom. Rel. Law § 70 — Habeas corpus for child detained by parent
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.