Supreme Court is Where Custody Arguments in Divorces are Heard

Any parent can file a custody petition in New York Family Court. The New York Supreme Court is the only court in New York that can handle a divorce case and, if you are married with children, the judge will be able to decide your custody case as well.

How is Custody Awarded in Supreme Court?

To start a divorce case a parent needs to file a summons with notice and complaint. Once filed, temporary custody can be immediately awarded to a parent by filing a pendente lite motion. A pendente lite motion requests early court intervention on important and time-sensitive matters like custody and support; the resulting order is not a permanent solution and will only remain in place until a final or subsequent order.

If no motion is filed, the court will schedule discovery, will likely appoint an attorney for the child, and may schedule forensics.

After the forensic report is concluded, the judge will hear the custody cases as part of the divorce matter. Often time the judge will rule on issues of child support, custody, equitable distribution, and maintenance in one trial.

How do Supreme Court Judges Decide Custody?

Judges use the same best interest of the child standard as in family court custody petitions, modification hearings, temporary family court orders, and pendente lite motions. These factors include:

• who has been the child's primary caretaker prior to filing for divorce;

• the quality of each parent's home environment, including the size and location of the house or apartment;

• the fitness of each parent , including the stability of their home and lifestyle, their judgment, whether they have a job, as well as their mental and physical health;

• the parenting circumstances prior to the divorce, such as where the child is living now, and for how long;

• the parent's ability to provide emotional and intellectual support for the child;

• which parent allows the other parent into the child's life and does not try to cut out the other parent;

• which parent the child wants to live with;

• whether the child would be separated from any siblings; and

• whether either parent has been abusive.

Judges often rely on the input of the attorney for the child and forensic.

Additionally judges will assess the credibility of the witnesses who testify at trial and decide which parent is credible and best suited to have custody of the child(ren).

Types of Custody in Supreme Court

Judges can issue an award for sole legal custody, primary residential custody, and, in rare cases, joint legal custody and joint residential custody. Each ruling depends on the special circumstances of the parents.

Custody Can be Resolved Separately

Custody can be resolved between the parents even when there are other outstanding issues. The parents can agree to settle just the issues of custody while leaving the remaining divorce problems for the judge to decide. By resolving the custody case, it allows each parent to have control over the final outcome rather than leaving the outcome to a judge who is not familiar with your child’s particular needs and other special considerations unique to your family.

Discovery in Divorce and Custody Cases

Unlike in Family Court, parents in Supreme Court are allowed to serve discovery demands on the other parent. Discovery demands are questions propounded upon the other parent and/or third parties seeking information. We can subpoena Facebook, Instagram, Twitter, or other companies to obtain information relevant to your custody case. Parents’ attorneys can also depose the other parents, which requires them sit down for questions prior to the trial.

Cali Madia and Daniel Szalkiewicz are Dedicated and Experienced Litigators

Our attorneys have litigated hundreds of matters in Supreme Court. Daniel Szalkiewicz and Cali Madia are experienced at filing motions, arguing before judges, and going to trial. Allow our knowledge of the Supreme Court system to help you navigate difficult custody issues.