Parents bring custody cases for a number of reasons. You might want to consider bringing a custody case if your children are not living with you and the parent that physically has the children does not give you a say in the upbringing of your children. Also, if you believe your children are being harmed where they live now or are in danger of being harmed you should go to court and apply for custody. Finally if you are not married to the other parent, and you want a court to say what your rights are it might be a good idea to bring a custody case.

There are two kinds of custody. Physical custody is when, usually, the child lives with one adult. This adult is responsible for a child and takes care of the child most of the time. Legal custody allows the adult to make the important decisions, such as medical or religious decision, about the life of a child.

There is often a misconception about the term Joint Custody. When used in court Joint Custody generally means joint legal custody and does not mean joint physical custody. Here the parents share responsibility in making the important decisions about the child regardless of which parent lives with the children. The court rarely grants joint physical custody, which means that if there is a trial and the court has to make a decision about custody, it will generally award physical custody to one parent and visitation to the other.


A petition for custody or a petition for visitation should be brought in the borough where the child has lived for the last six months. If the parents are also divorcing the case should be brought in Supreme Court. If there is no divorce issue the case can be brought in Family Court.

It should be noted that Court intervention is not always needed to solve Custody and Visitation issues and parents can come to an agreement without going to court. Mediation is a way that an impartial person can help two parents come to an agreement about Custody and Visitation issues. Mediation might be the best option for some parents because it is more predictable than going to Court and have the person in the black robe (the "Judge") deciding the fate of the child or children involved.

When two biological parents cannot agree on Custody then a judge must determine what is in the best interests of the child. The judge will look at many things when figuring this out. As part of the process, the judge may order that a report be written about the parents. Both parents might be ordered to undergo psychological evaluations. Drug testing may be done. Essentially, both parents "dirty laundry" will be brought out for the Judge to hear as well as the good things about both parents. The Judge will review the evidence and make a decision about Custody and Visitation.

Most children are given an attorney (lawyer) by the court to represent them in the custody cases. The law guardian's job is to tell the judge what the child wants. If the child is old enough to say what he or she wants, it will have a lot of importance.

If you need help through this process, please give me a call. I have experience in Family and Matrimonial Law and would love to speak with you. Please call me for a free phone consultation.