How Can I Get Sole Custody of the Children in New York State?

If you’re a parent who is seeking sole custody of your children, it’s important to know that New York State generally prefers joint custody agreements where both parents are involved in the child’s life. Generally speaking, you must be able to provide the court with strong evidence that the child would not benefit from a joint custody arrangement because the other parent is unfit. In this article, the Rockland County, NY, child custody attorneys at the Law Office of Robert S. Sunshine will discuss a New York divorce case (Watling v. Watling (2025 NY Slip Op 01814)) in which one parent was awarded full custody of the children.

Background of the case 

In this case, the parties were divorced on September 15, 2020. There was a judgment that incorporated (but did not merge) a January 20, 2020, stipulation. This stipulation awarded the parents joint legal custody, with primary residential custody granted to the mother, and provided for parental access to the father.

In November 2021, the father filed a petition under Family Court Act Article 6 seeking modification of the custody arrangement, and asking to be granted sole legal and residential custody of the children, while still allowing parental access to the mother.

The Suffolk County Family Court granted the petition in a correct order dated January 26, 2024, after a hearing.

The mother appealed the decision, challenging the decision to grant the father sole custody of the children.

The appeal 

• Standard of modification – To modify an existing custody arrangement, there must be a substantial change in circumstances, and the modification must serve the best interests of the child. In this case, the court emphasized that determining a child’s best interests requires considering relevant factors in their totality and granting deference to trial findings so long as they rest on a sound and substantial basis.

• Evidentiary considerations – The mother argued that the Family Court had admitted inadmissible hearsay. Specifically, the court entered letters, emails, and a child protective services report. While the Appellate Division acknowledged that this evidence was hearsay, it held that the inclusion of such materials was a harmless error. The custody decision was still supported by a sound and substantial basis in the record, regardless of that evidence.

• Change in circumstances – The court found sufficient evidence in the record of a deterioration in 1) the parental relationship and 2) the mother’s relationship with the child. This justified reviewing whether modification was necessary.

• Best interests & award of sole custody to the father – The Appellate Division affirmed the decision to award the father full custody of the child based on multiple findings. Firstly, the father was better able to provide for the child’s overall well-being. The mother displayed behavioral issues toward the child that undermined her fitness as custodial parent. The child had established a meaningful relationship with her half-sibling and step-sibling in the father’s home. And the child wished to reside with the father.

Talk to a Westchester County, NY, Family Law Attorney Today 

The Law Office of Robert S. Sunshine represents the interests of Westchester County residents during custody disputes. Call our Westchester County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

law.justia.com/cases/new-york/appellate-division-second-department/2025/2024-01450.html