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
- 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.
- Service. The other parent (the respondent) is served with the petition and a summons to appear.
- 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.
- 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.
- 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.
- 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.
- 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.
- The final order. The court issues a custody and visitation order based on the child's best interests.
- 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.
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.