New York child custody is covered under New York Domestic Relations Law 70, & 240. And, more importantly, case law.

If you are involved in an New York child custody case, I recommend that you hire a child custody lawyer in order to have your best chance to win custody. However, it is also important to educate yourself. Below, are excerpts from … dealing with child custody factors.

Domestic Relations Law 70 Habeas corpus for child detained by parent

(a) Where a minor child is residing within this state, either parent may apply to the supreme court for a writ of habeas corpus to have such minor child brought before such court; and on the return thereof, the court, on due consideration, may award the natural guardianship, charge and custody of such child to either parent for such time, under such regulations and restrictions, and with such provisions and directions, as the case may require, and may at any time thereafter vacate or modify such order. In all cases there shall be no prima facie right to the custody of the child in either parent, but the court shall determine solely what is for the best interest of the child, and what will best promote its welfare and happiness, and make award accordingly.

(b) Any order under this section which applies to rights of visitation with a child remanded or placed in the care of a person, official, agency or institution pursuant to article ten of the family court act or pursuant to an instrument approved under section three hundred fifty-eight-a of the social services law, shall be enforceable pursuant to the provisions of part eight of article ten of such act, sections three hundred fifty-eight-a and three hundred eighty-four-a of the social services law and other applicable provisions of law against any person or official having care and custody, or temporary care and custody, of such child.

New York child custody factors established by case law

There is an excellent reference on applicable child custody case law to be found at the web site of J. Douglas Barics Divorce and Family Law in Garden City, NY.

As in most states, New York law leans on the concept of "best interests of the child" when deciding custody cases. However, the definition of best interest is hazy at best; and is not codified into New York domestic law. Instead the majority of New York state custody law has evolved through case law.

All states use a list of factors to consider when deciding which parent retains physical custody of a child. In New York, the following factors are to be considered:

1. Age of the parents
2. Whether there is any alcohol or Drug use by either parent
3. The amount of time each parent is able to spend with a child (referred to as ‘availability of the parents’)
4. The phyisical health of each parent, ane whether there are any disabilities to consider
5. Any incidences of domestic violence
6. Any existing custody agreements, whether formal or informal (though the court has taken upon itself the authority to ignore these agreements where ‘necessary.’
7. the financial ability of a parent to provide adequate housing for a child
8. Any incicences of child abuse or neglect
9. The results of any custody evaluation ordered by the court, and carried out by a mental health professional
10. The home environment
11. The input of the ‘law guardian’ who represents the interest of the child and is (on paper) independent from all parties
12. Though it is not said to play a large role, Marital fault can be taken into account when determining custody
13. The mental & emotional stability of both parties
14. The behavior of each party during the court proceedings
15. The preferences of the child
    depends on age, maturity and perceived parental influence
16. Which parent has been, and is the primary caretaker?
17. The religious practices of the parents
18. Whether there are any siblings. The court usually considers it in a child’s best interest to keep siblings together
19. The willingness of each parent to foster a child’s loving relationship with the other parent

I strongly urge you to find a child custody lawyer in order to increase your chances of winning your case for New York child custody.