How does joint custody work in New York?

Joint custody allows divorced parents to share the responsibilities of raising children.

If you are a parent going through a divorce, you might wonder if joint custody is an appropriate choice for your family. To make an informed decision, it is important to review child custody works in the state of New York.

Joint physical custody

In New York, the law distinguishes between physical and legal custody. In joint custody arrangements, children spend equal time staying with both parents. If you have sole custody of your children, they primarily reside with you, but your former spouse may have visitation. In general, noncustodial parents pay child support to the parent with primary physical custody. In some joint custody situations, the parent who earns more might pay child support.

Joint physical custody is a good option if both parents have a respectful relationship and share common parenting goals. However, in cases with hostility, abuse or significant disagreement, joint custody can be difficult to navigate.

Sharing legal custody

Even if one parent has sole physical custody, divorced parents can share legal custody of their children. Retaining legal custody can help you stay involved in children’s lives and contribute to important decisions regarding their education and upbringing. In addition, if you have physical custody, sharing legal custody with your ex-spouse can help your children maintain ties with their noncustodial parent. When you share legal custody, you and your former spouse should be able to discuss and reach a consensus on crucial parenting choices, including religious activities, schooling and medical care.

Joint custody FAQ

If you are a parent going through a divorce, you might have many concerns about joint custody. Here are three frequently asked questions:

How do joint legal custody and joint physical custody differ?

In New York, joint legal custody and joint physical custody are separate arrangements. When you share joint legal custody, you and your former spouse make important decisions about your child’s life together. You decide on things like education, religion and medical care.

Joint physical custody means your child lives with both parents for a significant amount of time. You might have one type of custody without the other.

How is child support determined in joint custody arrangements?

New York law assumes the parent with the higher income pays child support to the parent with the lower income. The court does a two-step calculation. It determines a combined income and then multiplies that number by a percentage based on the number of children.

Then, the court determines if that amount would be “unjust or inappropriate.” When you have joint custody, the parent who makes more money will likely pay child support.

Can joint custody orders be modified, and under what circumstances?

Yes, you can modify an existing child custody order. You must show the court that circumstances have changed since it made the initial order. For example, if one parent wants to move to a different state or a child’s needs have changed, you can ask a court to review the order. The court must always rule in the best interest of the child.

Custody arrangements can come in many forms. Understanding your options regarding joint physical and legal custody in New York is important.