Joint vs. Sole Custody in New York: Is There a Presumption of Equal Time?
New York decides custody on the child’s best interests and says there is no prima facie right to custody in either parent. Proven domestic violence must be considered, and a good-faith abuse report cannot by itself cost a parent custody.
Is joint custody presumed in New York?
No. In any action for divorce or custody the court enters orders for custody and support as, in its discretion, justice requires, having regard to the circumstances of the case and of the parties and to the best interests of the child, and in all cases there shall be no prima facie right to the custody of the child in either parent (DRL 240(1)(a)).
How does the court treat domestic violence in New York?
Where a party alleges in a sworn pleading that the other committed an act of domestic violence against the party or a family or household member and the allegations are proven by a preponderance of the evidence, the court must consider the effect of the domestic violence on the child’s best interests together with other facts and state on the record how its findings factored into the direction (240(1)(a)).
Can a parent be penalized for reporting abuse in New York?
A parent who makes a good-faith allegation based on a reasonable belief supported by facts that the child is a victim of child abuse, child neglect or the effects of domestic violence, and who acts lawfully and in good faith to protect the child or seek treatment, shall not be deprived of or restricted in custody, visitation or contact based solely on that belief or those reasonable actions (240(1)(a)).
What if abuse of the child is supported by evidence in New York?
If an allegation that a child is abused is supported by a preponderance of the evidence, the court shall consider it in determining the visitation arrangement in the child’s best interests (240(1)(a)).
Is there a preference for mothers or fathers in New York?
No. There is no prima facie right to custody in either parent, and the statute names no factor favoring either sex.
What is a custodial parent in New York?
For the property and support provisions, a parent to whom custody is granted by a valid agreement between the parties or by an order or decree of a court (DRL 236(B)(1)(e)).
Can grandparents be given visitation in New York?
The direction may provide for reasonable visitation rights to the maternal or paternal grandparents of any child of the parties (240(1)(a)).
Does the court have to put its reasons on the record in New York?
For proven domestic violence, yes: it must state on the record how its findings factored into the direction (240(1)(a)). For other custody findings, the sections we read do not say.
Does a child’s preference matter in New York?
The statute lists no age at which a child chooses; the court decides on the child’s best interests on all the circumstances (240(1)(a)).
Can the court limit contact for safety in New York?
Yes. Orders of protection may require a party to stay away from the child, the other parent or other locations and to refrain from family offenses and from acts that create an unreasonable risk to a child (DRL 255).
How does custody connect to support in New York?
The schedule sets the days, and the custodial parent is ordinarily the parent with the majority. Count your schedule with the New York parenting time calculator and run the New York child support calculator.
Frequently asked questions
Does New York favor joint custody?
No presumption either way; the court decides on the child’s best interests.
How does New York decide custody?
On the child’s best interests, with no prima facie right in either parent.
Does New York prefer mothers or fathers?
No. There is no prima facie right to custody in either parent.
Does domestic violence affect New York custody?
Yes. Proven domestic violence must be considered and the court must say how it factored in.
Can I lose custody for reporting abuse in New York?
Not solely for a good-faith, reasonable report and lawful protective actions.
Official sources
- DRL 240: custody and child support; orders of protection
- DRL 236(B): custodial parent and equitable distribution
- In re K.G. (1st Dept 2011), applying Matter of Tropea v. Tropea, 87 N.Y.2d 727 (1996)
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New York statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New York attorney.