Custody Litigation by the Numbers: A Q&A with Westchester Divorce Attorney Gus Dimopoulos

Custody disputes can be emotionally and legally complex, and while many parents settle out of court, litigation remains more common than most people realize.

Many people believe that custody issues are rarely litigated, with most cases settling out of court. Is that true?

It depends on your definition of rarely. In 2024, New York State saw 153,957 custody and visitation proceedings commenced. Additionally, as noted by the NYS Unified Court System, 176,409 child support-related proceedings were filed. While Westchester County represents a small percentage of these cases, the numbers remain significant – 5,740 custody and visitation filings and 8,077 support-related proceedings in Family Court alone. This doesn’t include cases handled in the Westchester Supreme Court, which oversees divorce proceedings. With nearly 3,000 divorce cases filed in the county annually (many of which include custody disputes), it’s clear that custody litigation is a lot more common than many people think.

How many divorce cases are filed in Westchester County each year?

New York State maintains more comprehensive statistical records for Family Court proceedings compared to Supreme Court cases. However, the New York State Department of Health tracks Supreme Court filings, with the most recent publicly available data from 2021 offering valuable insight into local divorce trends. That year, the Westchester County Supreme Court recorded 2,678 divorce filings. These records also highlight significant trends emerging concerning the presence of children in divorcing households.

Are there any statistical trends that are noteworthy?

A notable statistical pattern emerges when examining the correlation between divorce filings and the number of children in a family. In 2021:

• 46% of divorce cases involved couples without children.
• 14% involved families with one child.
• 12% involved families with two children.
• 2.8% involved families with three children.
• 0.3% involved families with four children.
• No divorces were filed by couples with five or more children.

This pattern has remained consistent over multiple years. Statewide data reflects a similar distribution, with only 1.9% of divorce cases involving three children, 0.4% involving four children, and just 0.12% involving five or more children. These figures indicate a statistically significant inverse relationship between family size and the likelihood of divorce, suggesting that couples with three or more children are considerably less likely to initiate divorce proceedings.

Does the length of a marriage impact the likelihood of divorce?

The duration of a marriage is another key predictive factor in divorce trends. Analysis of 2020 divorce filings in Westchester reveal that more than half were initiated by couples married nine years or fewer. After the first decade of marriage, the divorce rate remains relatively stable, with:

• 12% of divorces involving couples married 10-14 years.
• 11% involving marriages lasting 15-19 years.
• 14% involving marriages of 20-29 years.

These numbers suggest that the early years of marriage are the most critical in determining the likelihood of divorce. After the nine-year mark, divorce rates do not show a clear upward or downward trend.

What are the key takeaways from this data, and how does it compare to your professional experience?

The available statistical data underscores two significant trends:

1. Couples with three or more children are far less likely to divorce.
2. Marital longevity beyond nine years does not strongly predict divorce risk.

These findings align with my professional observations. The reasons why couples with more children are less likely to get divorce can be debated, but I see a few major contributing factors. Financial strain is a major consideration – divorce is expensive, and maintaining two households is particularly challenging with multiple children. Additionally, couples in unhappy marriages may be less likely to continue having children beyond one or two. Another factor is parental involvement; larger families demand more time and attention, which can reduce the likelihood of extramarital affairs, loneliness, or dissatisfaction. Parents of multiple children often have less time to dwell on personal grievances or conflicts, as their focus remains on child-rearing responsibilities.

Why do some people end up in Family Court and others in Supreme Court?

Family Court is a specialized venue that deals with child custody, visitation, child support, family offenses (domestic violence), and child welfare matters. Custody cases in Family Court typically arise when unmarried parents seek a judicial determination of custody or when married parents file independently of divorce proceedings. The procedural framework in Family Court is generally more accessible and less formal than in the Supreme Court. The Family Court does not have the requisite jurisdiction to determine divorce cases.

The Supreme Court of New York State, despite its name, is a trial-level court with broader jurisdiction. It handles matrimonial matters such as divorce, property distribution, spousal support, and custody determinations. Custody litigation within the Supreme Court typically occurs as part of a divorce proceeding, where custody is one aspect of the overall dissolution of the marriage.

What should you do if you are facing a custody dispute?

Navigating a custody dispute can be overwhelming, especially when emotions run high and the future of your family is at stake. Every case is unique, and securing the best possible outcome requires a legal strategy tailored to your specific circumstances. Consulting with an experienced family law attorney can help you understand your options and build the strongest case possible for your parental rights.

Gus Dimopoulos, Esq. is managing partner of Dimopoulos Law Firm P.C., a matrimonial and family law firm based in Westchester County and New York City that specializes in high-net-worth divorces. With over 20 years of experience, he has been a trusted source for strategic counsel and innovative solutions, particularly in high-stakes custody disputes. Mr. Dimopoulos is known for his skill in litigating contentious cases, negotiating complex custody arrangements, and advocating for his clients with precision and dedication. For more information, visit www.dimolaw.com.

This article was originally published in Westchester Magazine on March 25, 2025 and can be viewed here.