Updated September 21, 2023
A New York custody agreement, or parenting plan, is a legal document outlining the parental rights and responsibilities of parents who don’t reside together. It can be included in divorce proceedings or stand alone in a custody petition. Custody proceedings are heard by Family Court in New York.
Child Custody Factors
New York courts consider the following factors when determining the best interest of a child:
- Child’s preference (if age appropriate);
- Each parent’s ability to provide for the child’s unique needs;
- Each parent’s ability to respect the child’s relationship with the other parent;
- Each parent’s mental and physical health;
- Each parent’s parenting skills (strengths and weaknesses);
- Each parent’s work schedule;
- History of domestic violence in either parent’s home;
- The child’s relationships with siblings and other members of each parent’s family; and
- Which parent acts as the child’s primary caregiver.
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How to File for Custody in New York
1. Agree on a Parenting Plan
The first step should be for the parents to negotiate the terms of custody, such as parenting time schedule, visitation, and other rights and responsibilities regarding childcare. If the parents are able to agree on a parenting plan that serves the child’s best interest, the court is likely to approve it as an official custody order.
2. Calculate Child Support
Use New York’s Child Support Calculator to estimate the amount of child support that the court may order from the non-custodial parent. This amount is determined by their gross monthly income and the number of children eligible for child support. In addition, fill out a Child Support Worksheet to submit to the court.
3. Complete and File the Petition
Download and complete the Petition for Custody (Visitation).
File the Petition with the family court in the county where the child lives. If the parents are already in divorce proceedings, they will file the Petition as a part of that case.
4. Serve the Other Parent
The court will return a copy of the Petition and a Summons to the filing parent. The petitioner must serve these documents on the defending parent. The Summons will include the first court date.
5. Attend Hearing If Necessary
If both sides agree on all custody matters, the judge enters a custody order “on consent” without a hearing.
If the two sides can’t agree on a custody arrangement, the judge will hold a custody hearing to review all relevant evidence and testimony to determine a custody arrangement that serves the child’s best interests. Sometimes the judge will interview the child in chambers. The judge will issue a custody order at the conclusion of the hearing.
Custody Laws
- Child support: § 240(1-b)
- Emergency custody: § 76-C, § 240(1)(a-1)(5)
- Grandparent visitation: § 240(1)(a)
- Health insurance for the child: § 240(b)
- Military service by parent: § 240(a-2)
- Uniform Child Custody Act: Chapter 14, Article 5-A
- Visitation: § 240(1)(a)
Related Forms
