Parents can resolve child custody matters through negation and agreement outside of court. However, in the event that an agreement cannot be reached, the court will decide on who gets custody of the children. As such, it’s crucial to understand the custody arrangements available in New York and how they can impact your future relationship with your children. Please continue reading to learn whether 50/50 custody is a default judgment in New York and how an adept Nassau County Child Custody Lawyer can help safeguard your parenting time. 

Is New York a 50/50 Custody State?

New York courts generally favor joint legal and physical custody arrangements between parents. They prefer custody agreements that allow the child to maintain an ongoing relationship with both of their parents. While New York courts lean towards 50/50 custody, this arrangement is not a default judgment. Essentially, the court will not automatically grant 50/50 custody. New York courts follow the “best interest of the child” standard. This doctrine considers what will be best for the child’s life and well-being rather than what the parents may want.

The court will consider various factors when determining the child’s best interests. In cases where one parent is seeking sole custody of the child, the judge must examine details about the family to decide if this is the best arrangement for the children. The following are common factors considered by courts when determining a custody arrangement that serves the best interests of the child:

  • The age and number of children
  • The parent-child relationship
  • Each parent’s ability to provide for the child
  • The mental and physical health of the parents
  • Any special needs a child may have
  • The child’s preference (if sufficient age)
  • Each parent’s ability to provide a stable home environment
  • The geographical proximity of the parent’s homes
  • Any history of domestic abuse or child neglect
  • Any other relevant factors

How Can I Reach a Joint Custody Agreement?

One of the most effective ways to reach a joint custody agreement is to consider mediation. An unbiased third-party mediator will help facilitate communication between you and your ex to work toward an amicable custody agreement. Essentially, the mediator will help couples resolve their disputed issues and prioritize the best interests of their children.

If you’re facing an issue pertaining to child custody in New York, please don’t hesitate to contact a proficient Nassau County child custody lawyer who can help guide you through every step of this complex legal process. At the Law Offices of Eyal Talassazan, P.C., we are prepared to help protect your rights.  Allow our firm to represent your interests today to maximize your chances of achieving the best possible outcome.