The courts prefer to keep siblings together for stability, companionship and close family ties. “Young brothers and sisters need each other’s strengths and association in their everyday and often common experiences, and to separate them, unnecessarily, is likely to be traumatic and harmful.” Obey v. Degling, 37 N.Y.2d 768 (1975). However, the courts will order split custody if it’s in …
Overview of the Law on Child Custody in New York
Determinations of custody are based on the “best interest of the child.” See DRL § 70; DRL § 240; see Eschbach v. Eschbach, 56 N.Y.2d 167 (N.Y. 1982); see Welsh v. Lewis, 292 A.D.2d 536 (2nd Dept., 2002) (emphasis added). These factors include, inter alia: (1) The parent who has been the primary caretaker; (2) The age and health …