Sole Custody Lawyer New York

Some custody disputes end with one parent holding legal decision-making authority over a child’s upbringing, while the other retains parenting time but not a share in major decisions. This outcome, commonly called sole custody, is not the default result New York courts favor, nor is it automatically awarded to either parent based on gender, income, or which parent moved out of the marital home. Domestic Relations Law § 240 directs courts to decide custody according to the best interests of the child, and the statute is explicit that neither parent holds a prima facie right to custody simply by virtue of being the mother or the father. Mr. Sris and the firm’s Of Counsel attorneys represent parents seeking sole custody as well as parents defending against a sole custody request from the other parent, building the factual record a court needs to evaluate what arrangement actually serves the child. These cases often involve evidence about each parent’s involvement in the child’s daily life, the child’s relationship with each parent, any history of domestic violence or neglect, and each parent’s ability to meet the child’s needs. Parents pursuing or facing a sole custody claim in New York can request a consultation to discuss the facts of their case. Call (888) 437-7747 to request a consultation.

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What Sole Custody Means in New York

Sole custody generally refers to an arrangement in which one parent holds legal custody, meaning the authority to make major decisions about the child’s education, healthcare, and religious upbringing, while the other parent may still have parenting time but does not share in those decisions. This differs from joint custody, in which both parents share decision-making authority even if the child spends more time in one household. New York’s custody statute does not use the specific term “sole custody”; instead, Domestic Relations Law § 240(1)(a) directs courts, in the relevant matrimonial and custody actions, to enter custody and support orders “as, in the court’s discretion, justice requires,” having regard to the circumstances of the case and to the best interests of the child. The statute is explicit that there is no prima facie right to custody in either parent; a court does not start from a presumption favoring the mother, the father, or either parent’s preference, and instead evaluates the family’s specific circumstances.

Courts weigh a range of factors in deciding whether one parent should hold sole custody, including each parent’s relationship with the child, each parent’s ability to provide a stable environment, the child’s own wishes when age-appropriate, and any history of domestic violence, which the statute specifically directs courts to consider for its effect on the child’s best interests. Domestic Relations Law § 240(1)(a) also protects a parent who makes a good-faith, reasonable report of abuse or neglect and responds to it lawfully, providing that such a report or response alone should not be used to restrict that parent’s custody or visitation. Because the best-interests standard is broad rather than a fixed checklist, the outcome in a sole custody case depends heavily on the specific evidence presented about the child and the family.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Sole Custody Cases

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997 and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys represent parents on both sides of sole custody disputes across New York, whether pursuing sole custody based on concerns about the other parent or defending a parent’s role in a child’s life against a sole custody request. Because Domestic Relations Law § 240(1)(a) gives neither parent a prima facie right to custody, presenting a sole custody case well means developing a clear, credible factual record: the parent’s day-to-day involvement in the child’s life, school and medical records, any relevant history involving the other parent, and, where applicable, evidence bearing on domestic violence or safety concerns. The firm’s Of Counsel attorneys contract directly with the firm and bring litigation experience to custody hearings in New York Supreme Court and Family Court, including cases that settle through negotiation and cases that proceed to a contested hearing. Work on a sole custody matter often involves gathering documentation, identifying relevant witnesses, and, where the court orders one, participating in a custody evaluation or working with an attorney appointed to represent the child. Because a sole custody determination can shape a parent’s relationship with a child for years, the firm’s approach emphasizes early preparation, so a parent understands what evidence the court is likely to find persuasive before a hearing date arrives.

Attorney Background

Mr. Sris founded the firm in 1997 after beginning his legal career as a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and custody matters make up a substantial part of his practice. Mr. Sris and the firm’s Of Counsel attorneys handle sole custody, joint custody, and visitation matters throughout New York. The firm’s Of Counsel attorneys contract directly with the firm rather than through any outside intermediary. The firm does not offer free consultations; prospective clients are instead invited to request a scheduled consultation to discuss a custody dispute. The intake line is staffed 24/7 for phone calls at (888) 437-7747, though attorney meetings themselves are by appointment. A parent considering whether to pursue sole custody, or facing a sole custody request from the other parent, can use a scheduled consultation to review the facts of their case with Mr. Sris and the firm’s Of Counsel attorneys, including what evidence tends to matter under the best-interests standard and what to expect from the New York custody process. That conversation typically also covers how the court’s approach to domestic violence allegations, a child’s school and medical history, and each parent’s day-to-day caregiving role can shape a sole custody determination.

Frequently Asked Questions

Does either parent have an automatic right to sole custody in New York?

No. Domestic Relations Law § 240(1)(a) states there is no prima facie right to custody in either parent. Courts decide custody, including whether one parent should have sole custody, based on the best interests of the child rather than a presumption favoring either the mother or the father.

What is the difference between sole custody and joint custody?

Sole custody generally means one parent holds legal decision-making authority over major decisions in the child’s life, while joint custody means both parents share that authority even if the child spends more time in one parent’s household. Either arrangement can include a detailed parenting time schedule for the parent who does not have primary decision-making authority.

What factors does a New York court consider in a sole custody case?

Courts consider the circumstances of the case and the child’s best interests, which can include each parent’s relationship with the child, each parent’s ability to provide stability, any history of domestic violence and its effect on the child, and, when age-appropriate, the child’s own wishes. Domestic Relations Law § 240(1)(a) directs courts to weigh these circumstances rather than apply a fixed formula.

Can a parent lose custody for reporting suspected abuse?

Domestic Relations Law § 240(1)(a) provides that a parent who makes a good-faith, reasonable-belief report of abuse, neglect, or domestic violence, and acts lawfully in response, should not be deprived of or restricted in custody or visitation based solely on that report or response.

Can a sole custody order be changed later?

A sole custody order can be modified if circumstances change in a way that affects the child’s best interests. The parent seeking a change generally needs to show a substantial change in circumstances since the existing order was entered, and the court will apply the same best-interests standard to any proposed modification.

Does sole custody mean the other parent gets no parenting time?

Not usually. Sole custody addresses decision-making authority, not necessarily the amount of time a child spends with each parent. A parent without sole custody typically still receives a parenting time schedule unless the court finds that contact would not serve the child’s best interests.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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