There are many different factors a New York court will consider in a child custody case. These factors can include, but are not limited to, both parents' physical and mental health, each parents' work schedule and commitments, which parent has previously served as the child's main caretaker, the ability of each parent to encourage a relationship with the other parent and both parents' overall relationship with children. Additional factors include the child's age and relationship with any other siblings or family members.
While there are many more considerations a court might have, one other factor is the issue of domestic violence. While not an element in all child custody cases, domestic violence -- if it has occurred -- will be considered with regards to child custody. Courts decide child custody with regards to the best interests of the child, and a single incident of domestic violence can place an entire family in danger. Thus, courts will not overlook the issue of domestic violence, even if the act did not take place in the presence of the child.