When parents separate and cannot agree on a custody and/or visitation arrangement, it is sometimes necessary for the matter to be decided in Family Court or in the Matrimonial Part of the Supreme Court. If you are going through a divorce, child custody and support may be resolved in the Supreme Court. If you are have already obtained a divorce or were never married, you must file a petition for child custody or visitation in Family Court.
Child custody and support are often the most disputed areas as they affect both emotions and money. Unfortunately, children are often used as bargaining chips. Parents' responsibility to manage their children's growth and development continues even though the marriage ends.
The court will make child custody decisions base on what is in the “best Interest” of the child if the parents can’t come to an agreement. This aspect can be the most complicated and controversial part of the case. There are many factors the court will consider when making a decision.
Please click to refer to the determining factors in a child custody case
Please click to refer to our Custody FAQ for more detailed information