What Happens at a First Custody Hearing in New York?

Written by Yonatan Levoritz on April 15, 2025

For parents facing a child custody case in New York City, understanding what happens at a first custody hearing is critical. This initial court appearance can shape temporary custody arrangements and influence the long-term outcome of your case. It’s essential to approach this hearing with a clear strategy and knowledgeable support. At The Levoritz Law Firm , we’re here to guide you through the process, answer your questions, and ensure you’re prepared every step of the way to protect your rights and your child’s best interests.

What Is a Custody Hearing?

In New York Family Court, a custody hearing allows a judge to begin evaluating the best living arrangement for the child. Whether part of a divorce or a separate matter, this hearing sets the legal groundwork for custody decisions.

Judges consider various factors to determine the child’s best interests. Both parents may present witnesses, such as relatives or teachers, who testify under oath. Judges review caseworker reports, examine evidence, and may speak privately with the child in chambers. These discussions are confidential and not disclosed to either parent or their attorneys.

Why Custody Hearings Are Important in Family Law Cases

Custody hearings are crucial because they establish the framework for the child’s living arrangements, parental responsibilities, and visitation schedules. They help ensure that decisions are made in the best interest of the child. These hearings can significantly influence the judge’s perception of each parent’s involvement, behavior, and fitness for custody.

The Role of the Court in Determining Custody Arrangements

The court’s primary role is to protect the child’s welfare and ensure their stability. Judges assess both parents’ ability to provide a safe, nurturing, and consistent environment. Courts may order custody evaluations, speak with the child, or consider professional recommendations.

Preparing for Your First Custody Hearing

Preparation is critical. The more organized and composed you are, the better your chances of presenting a convincing case.

Essential Documents You Need to Bring

Your affidavit or declaration is key to your custody case. Clearly explain why you’re seeking full custody, using specific examples to show the other parent’s inability to care for your child. Gather important documents like a proposed parenting plan, financial records, communication logs, school and medical records, proof of residence and employment, and character reference letters. Organized, relevant documentation provides the court with valuable context that can impact your case.

How to Prepare Yourself Emotionally for the Hearing

Custody hearings can be emotionally charged. It’s important to stay calm, composed, and respectful throughout the proceedings. Practice answering questions honestly and succinctly. Seek emotional support from a therapist or support group to help you manage stress and anxiety before your court date.

What to Expect from Your Lawyer During the Process

Your attorney is your legal advocate. They’ll help you present evidence, cross-examine witnesses, and guide you through courtroom procedures. Your lawyer will prepare and submit required legal documents, represent your interests before the judge, strategize based on local family law practices, and coach you on testimony and courtroom etiquette.

What Happens During a First Custody Hearing?

The first custody hearing in New York generally follows a clear process. Judges review custody petitions, hear testimony, and may issue temporary custody orders based on the child’s best interests—even at this early stage.

Here’s what to expect:

• The judge will review the custody petition and any related motions
• Both parties may make opening statements
• Each parent presents their side, including testimony and evidence
• The judge may ask questions to clarify details
• Temporary custody or visitation orders may be issued

The judge’s choices at this hearing can serve as a temporary solution while the lawsuit is ongoing.

Factors That Influence Custody Decisions at the First Hearing

When determining custody during the initial hearing, judges consider a variety of issues, including:

• Each parent’s ability to provide for the child’s physical and emotional needs
• The child’s relationship with each parent
• Stability of the home environment
• Any history of abuse, neglect, or substance abuse
• The child’s preference (depending on age and maturity)
• Each parent’s willingness to foster the child’s relationship with the other parent

There is no one-size-fits-all solution; the court considers all of the circumstances.

What Happens After the First Custody Hearing?

Following the hearing, the judge may:

• Issue a temporary custody or visitation order
• Order mediation or custody evaluation
• Schedule additional hearings
• Encourage the parties to reach a settlement outside of court

If the issue is not resolved, the case may continue to a full trial. Temporary orders are frequently in force until then, and they can affect the judge’s final judgment.

How to Maximize Your Chances of a Favorable Outcome at a Custody Hearing

You can strengthen your case by arriving on time and dressing appropriately, showing respect to the court and opposing party, providing thorough documentation and evidence, demonstrating a willingness to cooperate, and focusing on your child’s best interests—not just your own desires. Being prepared and respectful can have a lasting impression on the court.

Common Mistakes to Avoid at Your First Custody Hearing

Common pitfalls in court include speaking poorly about the other parent, interrupting the judge or legal counsel, disregarding courtroom decorum, arriving unprepared or disorganized, and allowing emotions to take over. Steering clear of these missteps is essential to preserving both credibility and professionalism.

Why You Need a Skilled Family Lawyer for Your Custody Hearing

Navigating custody hearings on your own can be overwhelming and risky. Our firm understands the nuances of New York family law and how judges approach these delicate matters. We help ensure that your voice is heard and that your parental rights are protected.

Our attorneys will thoroughly prepare your case, help you gather and present strong evidence, offer strategic advice based on courtroom experience, and advocate for the best interests of both you and your child.

Contact Our Experienced Family Law Team for Help with Your Custody Case

Still unsure what happens at a first custody hearing in New York? Let our attorneys at The Levoritz Law Firm walk you through the process. We’re here to protect your parental rights—and your child’s future.

Call us today at (718) 942-4004 for a confidential consultation.