In re: Your childrenFamily Court · Supreme CourtManhattan · Queens · All five boroughs
Child custody lawyer in Queens & NYC
Reviewed by David Schnall, Esq.Last reviewed
Custody, visitation and parenting-time cases for mothers, fathers and grandparents, in Family Court and Supreme Court. For more than ten years, David Schnall was the lawyer the court appointed for the child, so he knows what the court is looking for.
Free virtual consultation · By video or phone · Confidential
33
Years of family law
N.Y. Bar 1993 · S.D.N.Y. 1994
1,000+
Clients represented
Family law only
4.9
Rating on Avvo
58 client reviews
4×
Avvo Clients’ Choice
2018 · 2019 · 2021 · 2023
NYU
School of Law
J.D. 1991 · B.A. in Finance and Accounting
Every
NYC Family Court
Plus NYS Supreme & S.D.N.Y.
In brief
Child Custody & Visitation in New York: key facts.
General information about New York law, not advice about your case. Each point is explained below.
- Which court
- Family Court, or Supreme Court when custody is part of a divorce.
- The test
- The best interests of the child. Neither parent has an automatic right to custody.
- Legal and physical
- Legal custody is the right to make the important decisions; physical custody is day-to-day care.
- The child’s say
- No set age. A child’s wishes are one factor, weighed by age and maturity.
- Changing an order
- It takes a substantial change in circumstances, and the change must serve the child’s best interests.
Nothing you face matters more than this.
A custody case decides where your children live, who makes the decisions about their school and their health, and how much of their childhood you are part of. Few cases carry higher stakes, and few are harder to go through.
The court looks past the emotion. The judge wants evidence of how you parent: who handles school, doctors and routines, how you speak about the other parent, and whether you will support your child’s relationship with them. Custody cases are shaped by the record parents build long before the hearing.
Whether you are asking for custody, answering a petition, changing an order that no longer works, or a grandparent fighting to stay in a child’s life, that record has to be built carefully, and early.
The question the court asks
Not which parent wins, but what is in the best interests of the child.
Custody and visitation, start to finish.
For mothers, fathers and grandparents, in every New York City Family Court and in Supreme Court.
Custody petitions
Legal and physical custody, sole or joint: filing for custody, or answering a petition the other parent has filed.
Visitation and parenting time
A schedule built around your child: school weeks, weekends, holidays, summers, and exchanges that keep the conflict down.
Grandparents’ visitation
New York lets grandparents ask for visitation in some circumstances. The firm represents grandparents who want to stay in a grandchild’s life.
Modification and relocation
When circumstances change, or a parent wants to move with the child, an existing order can be revisited. The test is still the child’s best interests.
Enforcement and violations
When the other parent ignores the order: enforcement petitions that bring the case back before the court.
Paternity
Establishing legal parentage, the first step to custody or visitation for a father who wasn’t married to the child’s mother.
Not sure your situation fits a box? Most family cases touch more than one. The consultation sorts that out.
Discuss your caseHe has sat where the child’s lawyer sits.
- i.
Court-appointed counsel for children
10+ years
For more than a decade, the court assigned David Schnall to represent children in Family Court. He has seen these cases from the child’s side of the courtroom and knows what the court weighs when a child’s future is decided.
- ii.
Public defender, NYC Family Court
2002–2012
Ten years as a public defender in New York City Family Court. He knows how the court works day to day, from the first appearance to the hearing, and how these cases are built and answered.
- iii.
Whichever parent you are
Mothers, fathers, grandparents
New York law gives neither parent an automatic advantage. He represents mothers, fathers and grandparents, and makes sure the court sees what each one actually does for the child. Several client reviews single out his work for fathers in custody cases.
How a custody case moves in New York.
Most custody cases in New York City start in Family Court. This is the usual path; your case may skip a step or add one.
Which court
Family Court, or Supreme Court when custody is part of a divorce. Either court decides on the best interests of the child.
- 01
Free consultation and strategy
Tell David Schnall what is happening and what you want for your child. You leave knowing your options, how the case is likely to unfold, how long it may take, and what it may cost.
- 02
The petition
A custody or visitation case starts with a petition filed in Family Court and served on the other parent. If a case is already open, you answer it, and you can ask for what you want in return.
- 03
First appearance
The court meets the parties, may appoint an attorney for the child, and can set a temporary custody and visitation order while the case proceeds.
- 04
Investigations and evaluations
In contested cases the court may order an investigation, such as a home study, or a forensic evaluation by a mental health professional. How you prepare for these matters.
- 05
Agreement or hearing
Many custody cases resolve with an agreed parenting plan. If yours doesn’t, the court holds a hearing, takes testimony and evidence, and decides.
- 06
The order, and life after it
The final order sets out custody and the parenting-time schedule. If it is violated, it can be enforced; if circumstances change substantially, it can be modified.
What the court actually weighs.
Custody law is short on formulas and long on judgment. These are the ideas it runs on.
The child’s best interests
Every custody and visitation decision turns on the best interests of the child, with the child’s health and safety first. Courts look at the whole picture: who has been the main caregiver, each parent’s parenting skills, health and work schedule, the child’s relationships with siblings and family, each parent’s willingness to support the child’s relationship with the other, and, depending on age, the child’s wishes.
Legal and physical custody
Legal custody is the right to make the important decisions about a child’s care, such as education and health care. Physical custody is who cares for the child day to day. Either can be sole or joint, and a parent without physical custody usually has parenting time, also called visitation.
No automatic advantage
New York law gives neither parent a head start: courts do not favor mothers over fathers or fathers over mothers. The evidence about each parent and the child decides.
Domestic violence
When one parent proves domestic violence, the court must consider its effect on the child in deciding custody and visitation.
Grandparents
Grandparents may ask for visitation when a parent has died, or when circumstances show the court should step in. Custody for a grandparent requires extraordinary circumstances, such as a long period in which the child lived with the grandparent instead of a parent.
Changing an order
A custody order can be changed when there has been a substantial change in circumstances since it was made and the change is in the child’s best interests; the parent asking generally has to show both. A proposed move with the child is decided the same way: on the child’s best interests.
General information about New York law, not legal advice for your situation. The law changes and every case turns on its facts; the free consultation applies it to yours.
David made the impossible, possible for my custody situation. Not only did he successfully accomplish all that I had wanted, but he exceeded all expectations. He was professional, compassionate and was able to get the job done in a timely matter. Will definitely recommend and use for future and all legal matters. Thank you for everything! You were amazing.
Amazing when it comes to representing parents especially fathers in custody issue's! No complaints. Professional, delighted, effective communication, easy to contact and on top of making sure you’re truly represented! Highly recommended.
Reviews are quoted exactly as clients wrote them and reflect individual experiences. Prior results do not guarantee a similar outcome.
Read more client reviewsAn honest assessment, not a sales pitch.
Your free consultation covers how to achieve your goals, how your case will unfold, how long it will take, and the estimated costs.
Free consultations are virtual, by video or phone: start from anywhere.
Free virtual consultation · By video or phone · Confidential
Child Custody & Visitation: straight answers.
The questions people ask first, answered plainly. Your own facts are what the free consultation is for.
The law doesn’t favor either parent. New York courts decide custody on the best interests of the child, and neither parent has an automatic right to custody. What matters is the evidence about each parent and the child.
There is no set age in New York. The court considers a child’s wishes as one factor and gives them more weight as the child gets older and more mature, but the decision stays with the judge.
A lawyer the court appoints to represent the child, separate from the parents’ lawyers. Many custody cases have one. David Schnall served as court-appointed counsel for children for more than ten years, so he knows how that role shapes a case.
Yes, if there has been a substantial change in circumstances since the last order and the change you are asking for is in your child’s best interests. A parent’s move, a change in a parent’s situation or a child’s changing needs can all be reasons to go back to court.
In some cases, yes. New York law lets grandparents ask for visitation when a parent has died, or when circumstances show the court should step in. The court looks at the grandparent’s relationship with the child, and any visitation must be in the child’s best interests.
You can file an enforcement petition in Family Court asking the court to act on the violation. Keep a written record of every missed visit, late exchange or refused call: that record is your evidence.
Begin the record.
What you’ll learn in your free consultation
- 01How to achieve your goals
- 02How your case will unfold
- 03How long it will take
- 04The estimated costs
An honest assessment, not a sales pitch.
Free consultations are virtual, by video or phone: start from anywhere.Same-day response from the firm