NYC Child Custody & Support Attorney

Child Custody Attorney in New York City

Custody and support arrangements directly shape your children's daily lives and your family's financial obligations for years to come. New York courts decide custody based on the best interests of the child — a standard that considers the totality of each family's circumstances. Whether you are establishing custody for the first time as part of a divorce, seeking to modify an existing arrangement, or addressing a relocation request, the stakes are too high for anything less than experienced, focused legal representation.

At Agarunov Law Firm, P.C., we represent parents in custody and support matters throughout New York City and New Jersey. We work toward arrangements that serve your children's best interests while protecting your parental rights — through negotiation and mediation where possible, and through vigorous advocacy in court when necessary.

Child Custody in New York

Legal Custody vs. Physical Custody

Legal custody refers to the right to make major decisions about a child's life — education, healthcare, religious upbringing, and extracurricular activities. Physical custody (also called residential custody) refers to where the child lives. These can be awarded jointly or solely. Joint legal custody is common and means both parents share decision-making authority. Physical custody arrangements range from equal time splits to primary residence with one parent and visitation with the other.

Best Interests of the Child

New York courts evaluate custody based on the best interests of the child, considering each parent's ability to provide a stable and nurturing home environment, the quality of the child's relationship with each parent, each parent's physical and mental health, each parent's willingness to encourage the child's relationship with the other parent, the child's existing school, community, and social connections, the child's preference (depending on age and maturity), and any history of domestic violence, substance abuse, or neglect.

Parenting Plans

A parenting plan is a detailed agreement between parents that establishes the custody and visitation schedule, holiday and vacation arrangements, decision-making responsibilities, communication protocols, and dispute resolution procedures. We draft comprehensive parenting plans that minimize future conflict and provide clear, practical guidelines for co-parenting.

Child Support in New York

Child Support Calculations

New York calculates child support using the Child Support Standards Act (CSSA), which applies a percentage of the parents' combined income to determine the basic child support obligation: 17% for one child, 25% for two children, 29% for three children, 31% for four children, and no less than 35% for five or more children. The non-custodial parent's proportionate share is based on income. For combined parental income above $183,000 (2024 cap, adjusted periodically), the court has discretion to apply the formula or consider additional factors.

Additional Expenses

In addition to basic child support, parents may be required to contribute to childcare expenses, medical and dental insurance, unreimbursed medical expenses, and educational expenses. The allocation of these costs is typically proportionate to each parent's income.

Support for High-Income Families

When combined parental income exceeds the CSSA cap, courts have significant discretion in setting support. Factors include the standard of living the child would have enjoyed had the family remained intact, the child's extraordinary needs (private school, tutoring, enrichment activities), and each parent's financial resources. We advocate for support arrangements that appropriately reflect both the child's needs and the family's financial circumstances.

Modification of Existing Orders

Custody and support orders can be modified when there has been a substantial change in circumstances since the original order. Common grounds for modification include significant changes in either parent's income or employment, a parent's relocation, changes in the child's needs (educational, medical, or developmental), concerns about a child's safety or wellbeing, and changes in a parent's living situation or household. We represent parents seeking modifications and parents responding to modification petitions, ensuring that any changes serve the child's best interests while protecting your rights.

Serving New York and New Jersey

Agarunov Law Firm is licensed to practice in both New York and New Jersey. Family law differs significantly between states — New York is an equitable distribution state with specific grounds for divorce, while New Jersey follows its own equitable distribution framework with different alimony and custody standards. Our dual-state licensing allows us to represent clients in either jurisdiction and advise on the implications when spouses reside in different states or own property across state lines.