The court will consider the best interest of the child. In NY it usually is not good to try to convince the court the other parent is unfit. It is much better to argue the child is better with you than with him. Custodial arrangements involving other children by another mother rarely are of interest to the court unless there has been proven abuse on his part. This response is from a NYS attorney.Ask a similar question
Sign up to receive a 5-part series of useful information and advice about child custody law.