Two courts, one standard

New York splits family law between two trial courts:

  • Family Court — hears custody and visitation petitions, family offense proceedings (orders of protection), child support, paternity, and child protective matters. There is a Family Court in every county of the state, including a courthouse in each of New York City's five boroughs. Family Court cannot grant a divorce.
  • Supreme Court — despite the name, this is New York's trial-level court. It hears divorces, and decides custody and parenting time within those cases.

Whichever court hears the case, the substantive standard is the same: the best interests of the child, under Domestic Relations Law §240 and the Family Court Act. Neither parent has an automatic preference.

How a custody or visitation case typically moves

  1. The petition. A parent (or in some circumstances, a grandparent or another person with a substantial relationship to the child) files a custody or visitation petition in the Family Court of the county where the child lives. Family Court is designed to be accessible — many petitioners file without a lawyer.
  2. Service. The other parent (the respondent) is served with the petition and a summons to appear.
  3. First appearance. Both parties appear before a judge or court attorney-referee. The court identifies the issues, addresses counsel (parents who cannot afford an attorney in custody cases can ask for assigned counsel), and sets next steps.
  4. Attorney for the Child. In contested cases, the court commonly appoints an Attorney for the Child (AFC) — a lawyer whose job is to represent the child's position in the case.
  5. Temporary orders. While the case is pending, the court can enter interim custody and parenting-time arrangements — including supervised visitation — so the family has a working structure before the final decision.
  6. Investigation and evaluation. Depending on the case, the court may order forensic evaluations, request court-ordered investigations, or hear from child protective services where relevant.
  7. Settlement or fact-finding. Many cases settle — the parents reach a stipulation the court so-orders. Contested cases go to a fact-finding hearing (the Family Court term for trial), with testimony and evidence before the judge or referee. There are no juries in New York custody cases.
  8. The final order. The court issues a custody and visitation order based on the child's best interests.
  9. Modification and enforcement. Either parent can later petition to modify the order — generally by showing a change in circumstances — or to enforce it if the other parent isn't complying.

Where supervised visitation fits

  • Temporary orders — the most common entry point; the court orders supervised parenting time while it gathers information
  • Final orders — supervision as a longer-term condition of parenting time
  • Family offense proceedings — supervision alongside an order of protection
  • Modifications — adding supervision when new concerns arise, or stepping it down as a parent demonstrates progress
  • Stipulations — the parents agree to supervision and the court so-orders it

For the practical steps, see how to request supervised visitation in New York.

A note on Family Court accessibility New York Family Court is built for self-represented parents: standardized petition forms, no requirement to hire counsel, and the right to ask for assigned counsel in custody and visitation cases if you cannot afford a lawyer. That accessibility also means the courts are extremely busy — which is why clean, objective documentation from a professional supervision provider carries real weight.

What the court weighs — the best-interests factors

New York does not use a rigid checklist. Courts weigh the totality of circumstances, commonly including:

  • Each parent's ability to provide for the child's emotional and intellectual development
  • The quality of the home environment and parental guidance
  • Each parent's willingness to foster the child's relationship with the other parent
  • Any history of domestic violence — which the statute directs courts to consider when proven
  • The child's wishes, given appropriate weight for age and maturity (often conveyed through the Attorney for the Child)
  • Stability, continuity, and the practical realities of each household

How TruVisit New York supports the process

When a New York court orders supervised visitation, TruVisit provides the structure the order anticipates: certified neutral supervisors, community-based venues, 48–72 hour case activation, and objective, timestamped reports delivered within 24 hours to the parties, counsel, or the court as directed. Start your case online.

Frequently asked questions

What's the difference between Family Court and Supreme Court in New York?
Family Court hears custody and visitation petitions, family offense proceedings, support, and related matters — but it cannot grant a divorce. Supreme Court hears divorces, and decides custody and parenting time within those cases. The best-interests standard is the same in both.
Will my child get their own lawyer?
In contested custody and visitation cases, New York courts commonly appoint an Attorney for the Child (AFC) to represent the child's position in the case.
Do juries decide custody in New York?
No. Custody and visitation in New York are decided by judges (or court attorney-referees), not juries.
Can a custody order be changed later?
Yes. Either parent can petition to modify a custody or visitation order. Generally, the parent seeking the change must show a change in circumstances, and the court decides based on the child's best interests.