If you plan on co-parenting while living separately from your child’s other parent, you must decide how to share child custody. Many parents will turn to the court as they cannot get an amicable agreement independently. However, leaving this decision to the court can impact your parenting time. As such, it’s essential to understand the different custody arrangements that exist in New York. Please continue reading to learn whether New York follows a 50/50 custody model and how an experienced Suffolk County Child Custody Attorney can help protect your rights.
What is 50/50 Custody?
50/50 custody, also known as joint physical or equal shared custody, is a child custody arrangement in which each parent is afforded an equal amount of time with their children. Essentially, this means that the children spend equal time residing with and being cared for by both parents. New York does not have specific legal statutes for 50/50 custody. They don’t automatically apply a 50-50 custody rule. Therefore, parents must prove to the court that equal parenting time would be in the child’s best interests. The court often favors 50/50 custody agreements because the general assumption is that it’s in a child’s best interest following a separation or divorce to maintain an ongoing relationship with both parents. Additionally, the court recognizes that a child should not be deprived of the opportunity to maintain a relationship with a fit parent.
The court will weigh various relevant factors to determine an appropriate custody arrangement given the unique circumstances of a case. The court will always act in a child’s best interest to ensure their well-being. Some of the factors that the court will consider when determining custody include the following:
- The number and age of children
- The fitness of each parent
- Each parent’s ability to provide for the child
- The stability of each parent’s home environment
- The proximity of the parent’s homes
- The child’s educational needs
- The preference of the child when of sufficient age
- Any history of domestic violence, abuse, or substance abuse within the family
- The ability of the parents to act in the child’s best interests
How Can Parents Reach a Joint Custody Agreement?
While no specific legal statutes exist for 50/50 custody in New York, this custody arrangement offers several benefits. With 50/50 custody, both parents have equal parenting time and involvement in their child’s life, allowing the child to maintain a stable and strong relationship with both parents. Parents struggling to develop a child custody agreement should consider mediation instead of asking a court to decide on the issue for them. Mediation is a cost-effective option for parents to meet with a natural third-party mediator. The mediator will help facilitate communications and reach an amicable agreement. However, for successful mediation, both parties must be willing to cooperate and compromise to ensure their child’s best interests.
If you’re facing an issue about child custody, please don’t hesitate to contact The Law Offices of Susan A. Kassel, P.C. Our legal team is prepared to help you effectively and efficiently resolve your child custody case.
