Quick answer: New York decides custody on the child’s best interests and says there is no prima facie right to custody in either parent. The child support statute sets no number of days that changes the formula: the parent with the majority of the days is ordinarily the custodial parent, and where time is equal the higher earner is treated as the non-custodial parent.
This New York parenting time calculator turns a schedule into days a year and shows which parent has the majority, or whether time is equal, under DRL 240. Enter the overnights in a 14-day cycle and any extra days: the result is arithmetic, and the court decides custody and support.
New York parenting time and custody rules at a glance
| Rule | What New York says |
|---|---|
| Best interests | The court enters custody and support orders as justice requires, having regard to the circumstances and the best interests of the child (DRL 240(1)(a)) |
| No presumption | In all cases there is no prima facie right to the custody of the child in either parent (240(1)(a)) |
| Domestic violence | Proven allegations must be considered in the child’s best interests and the court must state on the record how they factored in (240(1)(a)) |
| Protective reports | A parent who acts lawfully and in good faith on a reasonable belief that the child is a victim of abuse, neglect or the effects of domestic violence is not deprived of custody or visitation solely for that (240(1)(a)) |
| Custodial parent | A parent to whom custody is granted by a valid agreement or by an order or decree (DRL 236(B)(1)(e)) |
| Moving | No notice statute in the sections we read; relocation is decided on the child’s best interests under the Tropea factors (In re K.G.) |
How do custody and parenting time work in New York?
- Joint or sole custody. See joint versus sole custody in New York.
- Schedules. See parenting time schedules in New York.
- Moving with a child. See moving away with a child in New York.
What does this parenting time calculator check?
You enter the overnights the other parent has in a typical 14-day cycle and any extra days a year, such as summer and holidays. The calculator scales the cycle to 365 days, adds the extras, and shows each parent’s days, whether one has the majority and whether time is equal. New York has no day line like the 35% or 40% lines in other states, so there is nothing to cross. It does not calculate child support, which needs both parents’ incomes: use the New York child support calculator for that, and the New York divorce timeline calculator for the dates of the case.
Frequently asked questions
Does New York presume joint custody or equal time?
No. There is no prima facie right to custody in either parent; the court decides on the child’s best interests.
Is there a day count that changes New York child support?
No. The Child Support Standards Act has no day threshold; the custodial parent is the parent with the majority of the time, and with equal time the higher earner is treated as non-custodial.
Does shared time change New York child support?
Not by a formula for days: the Standards Act applies to shared custody without a proportional offset.
Does domestic violence affect New York custody?
Yes. Proven domestic violence must be considered and the court must state how it factored in.
Does this New York calculator set child support?
No. It counts days and shows who has the majority; the New York child support calculator estimates the guideline amount.