IN PLAIN ENGLISH
How custody works in New York
New York law says neither parent starts with a right to custody. [NY-P1] Judges do not favor one parent over the other; they decide based on what is best for your child, and the courts say your child's health and safety are the most important concerns. [NY-P4] Custody has two parts: legal custody (who makes the big decisions) and physical custody (where your child lives). [NY-P2]
There is no statewide schedule that applies to everyone. [NY-P3] Parents can agree on their own schedule, and if they cannot, the judge holds a hearing and decides. [NY-P3, NY-P8] Most custody cases start in Family Court in the county where your child lives, and filing there is free. [NY-P5] If you are married and getting divorced, custody can also be decided in the divorce case in Supreme Court. [NY-P5]
A parent who does not have custody usually gets visitation, also called parenting time, unless there is a reason not to allow it. [NY-P3] The court can make temporary orders while the case goes on and can change an order later if circumstances change. [NY-P8]
Words you’ll see in your papers
- Legal custody
- The right to make important decisions for your child, like medical care and religion. With joint legal custody, parents make those decisions together. [NY-P2]
- Physical (residential) custody
- Who your child lives with day to day. With sole physical custody, your child lives with one parent more than half the time; with joint physical custody, your child lives with each parent equally. [NY-P2]
- Visitation (parenting time)
- When and how the parent who does not have custody spends time with your child. [NY-P3, NY-P8]
- Petitioner and respondent
- The person who starts the case is the petitioner; the case is filed against the respondent. [NY-P5]
- Attorney for the Child
- A lawyer the judge may appoint to represent your child in the case. [NY-P8]
- Order of filiation
- A court order that names a man as the child's legal father after a paternity case. [NY-P7]
COMMON QUESTIONS
What parents in New York ask first
Does New York start from 50/50?
No. [NY-P1] The law says neither parent has a starting right to custody, and the judge decides based on what is best for your child. [NY-P1, NY-P4] Equal time (joint physical custody) is one possible result, not the starting point. [NY-P2]
What does the judge look at?
Your child's best interest, with health and safety first. [NY-P4] The courts list things like which parent has been the main caregiver; each parent's parenting skills and ability to meet any special needs; each parent's mental and physical health; any domestic violence in the family; work schedules and child care plans; your child's relationships with brothers, sisters and other family; what your child wants, depending on age; and each parent's ability to cooperate and support the child's relationship with the other parent when it is safe. [NY-P4] The judge may also order an investigation and a report from a social services agency or mental health professional. [NY-P8]
Does my child get to choose?
The courts' guidance does not name an age when your child decides. [NY-P4] The judge considers what your child wants, and how much that counts depends on your child's age. [NY-P4] The judge may appoint an Attorney for the Child to represent your child in the case. [NY-P8]
Can I move away with my child?
If the other parent does not agree to the move, you can ask the court for permission. [NY-P12] New York decides each request to move case by case, and the parent who wants to move has to prove, by a preponderance of the evidence (more likely than not), that the move is best for the child. [NY-P12] Courts look at each parent's reasons, your child's relationship with each parent, how the move would change time with the other parent, whether the move would improve your child's life financially, emotionally or in school, and whether a new schedule could keep the relationship with the other parent strong. [NY-P12]
Can the order be changed later?
Yes. [NY-P8] Either parent can file a petition to modify the order, and must prove there has been a substantial change of circumstances since the last order; then the court decides whether a change is best for your child. [NY-P8] The courts offer a free online DIY Form program to prepare a modification petition, and another to ask the court to enforce an order the other parent is not following. [NY-P6] A New York court can make custody and visitation orders only until your child turns 18. [NY-P6]
We were never married. What happens first?
If the mother was not married when the child was born, the child has no legal father until paternity is established, and the biological father has no custody or visitation rights until then. [NY-P7] Paternity is established when both parents sign an Acknowledgment of Paternity form, or when a court signs an Order of Filiation after a paternity case. [NY-P7] Custody cases are usually filed in Family Court in the county where your child lives, as long as your child has lived in New York for the past six months. [NY-P5, NY-P14]
What if I am not safe?
If domestic violence is proven, the judge must consider how it affects your child's best interest and explain on the record how it was weighed. [NY-P1] The law says a child may not be placed in the custody of a parent who presents a substantial risk of harm to that child. [NY-P1] In a family offense case in Family Court, you can get a temporary order of protection on the day you file, and the order can say the other person must not interfere with your custody and can set visits, including supervised visits and safe exchange places. [NY-P9] You can also ask to keep your address confidential. [NY-P13]
Free, official places to start
- NY Courts CourtHelp: About Custody
The court system's plain-language explanation of legal and physical custody, with links to filing, visitation and best-interest pages.
- NY Courts CourtHelp: Best Interest of the Child
The list of things judges look at when deciding custody and visitation.
- NY Courts: Custody/Visitation Modification DIY Form Program
A free online program that builds a petition to change an existing Family Court custody or visitation order.
- LawHelpNY: How to get custody of a child
A free nonprofit step-by-step guide to getting, changing or responding to a custody case in New York.
LOCAL SPOTLIGHT · NEW YORK CITY
Bronx, Kings (Brooklyn), New York (Manhattan), Queens and Richmond (Staten Island) Counties
New York City Family Court
New York City Family Court does not have its own standard schedule either; it gives parents tools to build one. [NY-P8, NY-P11] Its Parenting Time Worksheet lists the holidays, school breaks and birthdays parents may want to plan for, including Three Kings Day, Lunar New Year, Passover, Eid and Chanukah, with odd-year and even-year columns and pickup and drop-off times to fill in before your next court date or mediation. [NY-P11] The worksheet is blank and creates no rights by itself; keeping your regular schedule on holidays is also an option. [NY-P11] The court's free, confidential custody and visitation mediation program helps parents write their own plan, but it is not available when there is intimate partner violence, a severe power imbalance or an order of protection. [NY-P10] In some NYC counties, a court attorney-referee may hear and decide your custody case instead of a judge. [NY-P8]
- NYC Family Court Parenting Time Worksheet: Holidays, Vacations, Birthdays (PDF, March 2023)
A fill-in chart for deciding who has your child on each holiday, school break and birthday; bring it to court or mediation.
- NYC Family Court: Custody & Visitation
NYC Family Court's own custody page with FAQs and a link to instructions for filling out the custody/visitation petition (Form GF-17).
- NYC Family Court: Mediation Program
How to request free custody and visitation mediation, and who is not eligible.
- NYC Family Court: Domestic Violence (Family Offense)
Who can ask for an order of protection in Family Court and how it can address custody and visits.
Other counties in New York can have different local rules and forms. Check the court where your case is filed.
THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES
No fixed statewide schedule identified
Research overview
No fixed statewide visitation calendar identified. State law supplies best-interest standards; parents agree or judge sets an individualized schedule. The NYC holiday worksheet is local and blank, not a statewide order. [NY1][NY2][NY3]
Legal force and applicability
Case-specific calendar; no fixed statewide calendar identified in reviewed sources. Any custody/allocation presumption is separate.
Authority and geographic scope
Statewide law; case-specific court order controls
Custody and parenting-time presumptions
DRL240 provides no prima facie custody right in either parent and directs best-interest orders based on case circumstances. This is not an equal-time presumption. [NY1]
Schedule & conditions
Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.
Regular school-year schedule
Family-specific agreement/order. Judiciary explains that the judge holds a hearing to decide schedule if parents cannot agree. No statewide fixed weekday/weekend pattern identified in the reviewed sources. [NY2]
Holidays and school breaks
No statewide predetermined schedule identified in the reviewed sources. NYC Family Court’s March 2023 worksheet offers odd/even, sharing, ordinary-schedule or not-applicable choices with blank pickup/drop-off fields. Its example is illustrative. [NY3]
Summer and vacation time
No universal statutory vacation duration. NYC worksheet includes vacations/school breaks for parents to choose; it creates no entitlement. [NY3]
Safety & exceptions
Domestic violence established by preponderance must be considered with record findings; proven abuse affects visitation and child may not be placed with a parent posing substantial risk. Law protects lawful good-faith reasonable actions to protect a child from abuse. [NY1]