Children, Custody & Support in New York

New York uses "legal custody" (decision-making authority) and "physical custody" (residential custody, sometimes called "residential custody" or "primary residence"). **Joint legal custody** means both parents share major decisions about the child's education, health care, and welfare. Courts generally favor joint legal custody when parents can communicate, but will award sole legal custody if cooperation is impossible. **Physical/residential custody** determines where the child primarily lives. The parent with primary physical custody typically has the child more than 50% of the time. The other parent has "parenting time" (visitation). New York courts make custody decisions based on the best interests of the child. There is no presumption for or against joint custody — the court evaluates each case individually based on the specific circumstances.

The Child Support Standards Act (CSSA) governs child support in New York. The calculation considers both parents' income and uses a percentage-based formula: - 1 child: 17% - 2 children: 25% - 3 children: 29% - 4 children: 31% - 5+ children: 35% The percentage is applied to combined parental income up to a cap ($183,000 in 2024, adjusted periodically). For income above the cap, the court has discretion to apply the percentages or consider other factors. The non-custodial parent's pro-rata share of the calculated support becomes their basic child support obligation. Additionally, the court allocates child care costs, unreimbursed medical expenses, and educational expenses between the parents.

In contested custody cases, the court may appoint a forensic evaluator (typically a psychologist) to assess the family and make recommendations. Evaluations are expensive ($10,000-$35,000) and take months to complete, but they carry significant weight with judges. New York also uses Law Guardians (attorneys for children) — appointed to represent the child's interests independently of either parent. The Law Guardian meets with the child, investigates, and advocates for the child's preferences (if the child is old enough) or best interests (if younger). For high-conflict cases, courts may appoint a Parent Coordinator — a neutral third party who helps parents implement custody orders and resolve day-to-day disputes without returning to court.