Similarly to the child support issue, issue of child custody would be determined by the court or agreed to by the parties before the final judgment of divorce is rendered. The child custody is determined by the court under the “best interest of the child” guidelines.

If your spouse commenced a family court proceeding seeking the custody of the children, and there is a matrimonial action already pending in Supreme Court, the Family Court action can be consolidated with the Supreme Court Action. If the Family Court action was resolved prior to the commencement of the matrimonial action or prior to the resolution of the matrimonial action, the court where your divorce action is pending will adopt the order of the Family Court.

In the event you find yourself on the respondent’s side in the family court proceeding in which you spouse seeks custody of the children, you need to contact an attorney, who will provide you with guidance as to how to proceed in such case.