SKIP TO CONTENT
50 / 50 Custody in New York
Table of Contents
Is New York a 50/50 Child Custody State?
Child custody is a substantial component of divorce and family law. States utilize varying approaches and presumptions in determining custody arrangements. Understanding child custody laws in New York is crucial for parties in litigation or anticipating divorce or separation. An increasingly common question is whether New York follows a 50/50 child custody arrangement. The answer is not simple. 50 / 50 Custody in New York is not the norm but it is an increasingly common arrangement.
New York Child Custody
New York places a primary focus on the best interests of the child when determining custody arrangements. Under New York’s Domestic Relations Law and Family Court Act, the courts consider several factors, including the ability to care for the child, each parent’s stability, mental health issues, work schedules, domestic violence, ability to co-parent and substance use. The courts strive to create a custody plan that serves the child’s best interests and promotes their overall well-being.
50/50 Child Custody In New York
The concept of 50/50 child custody, also known as shared custody, involves both parents sharing equal parenting time with the children. Until recently 50 / 50 custody arrangements were very rare but they are growing increasingly common. Joint custody implies both parents share legal and physical custody, allowing the child to have a meaningful relationship with both parents.
New York’s Presumption Of Sole Custody
In New York, there is a presumption of sole custody, which means that the courts begin the case with the assumption that one party should have sole decision making authority based on the belief that there would be no such litigation if the parties were able to cooperate effectively. Increasingly, courts are granting joint custody but such decisions are still exceedingly rare.
Do 50 / 50 Custody Arrangements Work?
According to a recent New York Times Article – yes, 50 / 50 custody arrangements do work, at least for Guest Essayist, Amy Shearn.
Implementing a 50/50 custody arrangement in New York may present challenges for parents and the court system. Often these are scheduling concerns based on the parties’ ability transportation issues including getting the children to and from school and activities. A 50 50 custody schedule requires both parents to collaborate and work together more so than a traditional schedule. Communication is key in such situations as the children undoubtedly benefit from more open, honest and forthcoming discussions between parents.
Additionally, many allege that a 50 50 arrangement is not beneficial to children as it deprives them of having one single “home base.”
New York’s child custody laws prioritize the best interests of the child, intending to safeguard their well-being and foster a meaningful relationship with both parents. The determination of custody is a complex process, taking into account various factors unique to each case.
When litigating child custody matters in New York, it is essential for parents to consult with an experienced and knowledgeable family law attorney. An experienced Suffolk County lawyer can provide guidance and counseling on the relevant developments, court procedures, and approaches of particular judges.
Types of 50 50 Custody Schedules
Parties are empowered and indeed encouraged to think creatively when negotiating and crafting a 50 50 custody schedule that suits the needs of their individual family. While there is no “standard” 50 / 50 schedule, there are a handful of popular 50 50 schedules:
2-2-3 Schedule
The one parent exercises parenting time during the first two days (ordinarily Monday night and Tuesday night into Wednesday morning). The other parent then exercises parenting time during the next two days (ordinarily Wednesday night and Thursday night). The first parent then exercises parenting time for the next three days (ordinarily Friday night, Saturday night and Sunday night). The schedule then flips the following week.
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 2 | Parent 2 | Parent 1 | Parent 1 | Parent 1 |
| Week 2 | Parent 2 | Parent 2 | Parent 1 | Parent 1 | Parent 2 | Parent 2 | Parent 2 |
5-2-5-2 Schedule
The children are with one parent for five consecutive days (usually a standard woweek) and then go to the other parent for the weekend and the following work week. The first parent would then have the weekend into the work week (with that work week being the start of the new cycle.
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 |
| Week 2 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 2 | Parent 2 |
2-2-5-5 Schedule
Each and every week, one parent has the children on Monday nights and Tuesday nights. Similarly, the other parent has the children each and every Wednesday night and Thursday night. Weekends are “flexed” or alternated between the parties thereby creating a 2-2-5-5 arrangement. This is the most common 50 50 custody arrangement.
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 2 | Parent 2 | Parent 1 | Parent 1 | Parent 1 |
| Week 2 | Parent 1 | Parent 1 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 |
Alternating 3-4 and 4-3 Schedule
One parent has the children for four days and then the other parent has the children for three days. The next week, the schedule is reversed with the first parent having the children for four days and the other parent having the children for three days.
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 1 | Parent 2 | Parent 2 | Parent 2 | Parent 2 |
| Week 2 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 2 | Parent 2 | Parent 2 |
Alternating Week Schedule (also known as a week-on week-off schedule)
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 |
| Week 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 |
Alternating 2 Week Schedule
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 |
| Week 2 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 |
| Week 3 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 |
| Week 4 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 |
In 50 50 schedules which provide longer otherwise uninterrupted blocks of time, it is common for the other parent to have a midweek dinner visit to minimize the length of time that a parent and child do not see one another. By way of example, it is common in a week-on week-off schedule for the father to have a dinner visit on weekday during the mother’s week of parenting time.
What Are the Chances of a Father Getting 50 50 Custody in New York?
In New York, the determination of custody is based on the best interests of the child. Obtaining a 50 50 custody arrangement is indeed feasible depending on any number of factors including each party’s fitness as a parent, each party’s respective roles in raising the child to date and their work schedules. No one can accurately predict the chances of winning 50 50 custody as there are simply too many variables including the specific judge, flexibility of the parties and the willingness to fight for a particular resolution.
Suffolk County Custody Lawyer
The Law Office of Louis L. Sternberg, P.C. utilizes takes a compassionate approach to the practice of family law. In striving for an effective and efficient process for our clients, our staff approach each case as a collective effort to find the best long-term solutions for your family. Trust us to assist you with your custody litigation and to discuss the potential for a 50 / 50 custody share in your divorce or custody case. Call us now at 631-600-3295 to schedule your free consultation with a Suffolk Custody Lawyer or use our online intake form.
You must be logged in to post a comment.