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Is New York a 50/50 Child Custody State?
Child custody is a substantial component of divorce and family law in New York. States utilize varying approaches and presumptions in determining custody arrangements, and one of the most common questions parents ask is whether New York follows a 50/50 child custody model. The answer is not simple. 50/50 custody in New York is not the default, but it is an increasingly common arrangement that courts are willing to approve when the circumstances support it.
New York Child Custody and the Best Interests Standard
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 each parent’s 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 or equal parenting time, involves both parents sharing equal parenting time with the children. Until recently, 50/50 custody arrangements were very rare in New York, 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 the exception rather than the rule when the issue must be decided by a judge after a hearing or trial.
Do 50/50 Custody Arrangements Work?
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’ work obligations and 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.
Some argue that a 50/50 arrangement is not beneficial to children because it deprives them of having one single “home base.” Others, however, point to research suggesting that children in shared custody arrangements report higher well-being than those in sole custody, provided the parents are able to co-parent effectively and the transitions are well-managed.
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 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 options, including the samples shown below.
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 work week) 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. This results in a 50/50 custody schedule with alternating weekends.
| Monday | Tuesday | Wednesday | Thursday | Friday | Saturday | Sunday | |
|---|---|---|---|---|---|---|---|
| Week 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 1 | Parent 2 | Parent 2 |
| Week 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 2 | Parent 1 | Parent 1 |
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 amounts to a 50/50 custody schedule with alternating weekends.
| 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, and the law does not favor one parent over the other based on gender. 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, their work schedules, and how close the parents live to one another and to the children’s school.
No one can accurately predict the chances of winning 50/50 custody, as there are simply too many variables, including the specific judge, the flexibility of the parties, the willingness to fight for a particular resolution, and the recommendations of any Attorney for the Child or forensic evaluator appointed in the case. That said, fathers who have been actively and meaningfully involved in their children’s day-to-day care, education, and medical needs are in a stronger position to seek an equal parenting time arrangement. Fathers who have historically played a more limited role in the children’s daily lives will face an uphill battle, but that does not mean a 50/50 schedule is out of reach.
Does 50/50 Custody Affect Child Support in New York?
A common misconception is that a 50/50 custody arrangement eliminates the obligation to pay child support. In New York, that is generally not the case. Even when parenting time is split equally, the higher-earning parent will typically still owe child support to the lower-earning parent.
New York’s Child Support Standards Act (CSSA) calculates support based on a formula that considers both parents’ incomes. In a 50/50 arrangement, the court will typically designate the lower-earning parent as the custodial parent for child support purposes and apply the statutory formula accordingly. Some parents are surprised to learn that even with a perfectly equal time split, a meaningful child support obligation can still exist. This is an important factor to discuss with your attorney before agreeing to or litigating for a particular custodial arrangement.
Is 50/50 Custody Good for a Child?
50/50 custody can be a beneficial arrangement for children in many circumstances, but there is no one-size-fits-all answer. A 50/50 share may allow for stronger relationships between parents and children and provide greater equity for the parents, but it can come with logistical issues, inconsistencies between households, and potential conflict.
50/50 arrangements generally require the parents to live within close proximity to one another and to cooperate to a greater extent than may otherwise be required in a traditional custodial/non-custodial parenting arrangement. When the parents live far apart, a 50/50 schedule can become impractical, particularly for younger children who need consistency in their school and social routines. If one parent is considering relocation, a 50/50 arrangement may no longer be feasible and the custody arrangement would likely need to be modified.
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50/50 Custody FAQ
Is New York a 50/50 custody state?
No. New York does not have a presumption of 50/50 custody. Custody decisions are made on a case-by-case basis using the best interests of the child standard. While 50/50 arrangements are becoming more common, they are not the default starting point in New York courts.
What is the most common 50/50 custody schedule in New York?
There is no single standard 50/50 schedule. Common arrangements include the 2-2-3 rotation, the 2-2-5-5 schedule, the alternating 3-4/4-3 schedule, and the week-on, week-off schedule. The best schedule depends on the parents’ work schedules, the children’s ages, and the distance between the parents’ homes.
Can a father get 50/50 custody in New York?
Yes. New York law does not favor one parent over the other based on gender. A father who has been actively involved in his children’s day-to-day care, education, and medical needs is in a strong position to seek equal parenting time. The court will evaluate each parent’s fitness and involvement based on the specific facts of the case.
Does 50/50 custody mean no child support in New York?
No. Even when parenting time is split equally, the higher-earning parent will typically still owe child support to the lower-earning parent under New York’s Child Support Standards Act. The court will generally designate the lower-earning parent as the custodial parent for child support calculation purposes.
What factors do New York courts consider when deciding 50/50 custody?
New York courts evaluate the best interests of the child, considering factors such as each parent’s ability to care for the child, the stability of each home, each parent’s work schedule, the parents’ ability to cooperate, the child’s relationship with each parent, the proximity of the parents’ homes to one another and to the child’s school, any history of domestic violence or substance use, and the child’s own preferences depending on age and maturity.
Can a court order 50/50 custody if one parent objects?
Yes, but it is uncommon. New York courts have the authority to order any custody arrangement that serves the child’s best interests, but judges are generally reluctant to order a 50/50 schedule when one parent objects because such an arrangement requires a high level of cooperation between the parents. Most 50/50 arrangements in New York are reached by agreement.
Suffolk County Custody Lawyer
The Law Office of Louis L. Sternberg, P.C. takes a compassionate and informed approach to the practice of family law. In striving for an effective and efficient process for our clients, our team approaches each case as a collective effort to find the best long-term solutions for your family. If you are considering a 50/50 custody arrangement in your divorce or custody case, or if you need to modify an existing custody order, we can help you evaluate your options and build the strongest case possible.
Call us now at 631-600-3295 to schedule your free consultation with a Suffolk County custody lawyer or use our online intake form.