New York family courts and fathers: Can you get 50/50 custody?

What are the chances of a father getting 50/50 custody in New York?

A 50/50 custody arrangement calls for the parents to equally divide parenting time. Like any child custody schedule, this arrangement has pros and cons.

Whether you’re a father seeking a 50/50 custody schedule or a mother worried that your child’s father wants 50/50 custody to avoid child support payments, you may wonder about the chances of a father getting 50/50 custody in New York.

There’s no definitive answer, as the odds vary depending on the unique circumstances of each custody case. That said, this article will shed some light on the chances of a father getting 50/50 custody in New York, how New York courts determine custody and the types of custody arrangements in New York.

What are the chances of a father getting 50/50 custody in New York?

In New York, custody decisions are made based on the best interests of the child, without regard to either parent’s gender. Thus, there’s no predetermined likelihood or guarantee of a father obtaining 50/50 custody. 

However, the results of one 2018 study concluded that, more often than not, fathers are awarded less than 50 percent custody. Instead, they receive approximately 30 percent of child custody time.

How is custody determined in New York?

New York courts consider several factors when deciding child custody matters. In every case, the biggest factor is the best interest of the child. Therefore, courts frequently consider factors such as:

Pro tip: A father is more likely to get 50/50 custody if he can prove that such an arrangement is in the best interest of the child. Often fathers compile and present evidence to support their case, such as:

Reasons why a court may not award 50/50 custody

There are several reasons why a court may decide not to award a 50/50 custody arrangement in New York. Some common examples include: 

Is joint custody 50/50?

Joint custody doesn’t necessarily mean 50/50 custody. 

While joint custody involves both parents sharing in the day-to-day care (physical custody) or decision-making authority (legal custody) for the child, this doesn’t always mean that both parents share these rights equally. 

For example, a common physical custody arrangement is one in which a child spends every weekday residing with one parent and alternates weekends and major holidays between the two parents. In this scenario, both parents share physical custody of their child, but such custody isn’t 50/50.

Custody presumptions in New York

Unlike in some states, in New York there’s no presumption that an award of joint custody between both parents is in the best interests of the child. 

Due to outdated gender norms, fathers in New York have historically been more likely to be awarded less than 50 percent custody. Nevertheless, although 50/50 custody is still not the norm, there’s some evidence that it’s gradually becoming more common. 

Pro tip: If you would prefer primary or sole custody of your child, you can attempt to prevent your child’s other parent from obtaining joint custody. To do so, you must prove to the court that joint custody wouldn’t be in the child’s best interest.

Other custody arrangements in New York

There are two types of custody in New York: legal and physical. 

Physical custody refers to the physical care and supervision of a child and frequently refers to where the child resides. A parent with physical custody of their child is typically responsible for providing day-to-day care. 

By contrast, legal custody refers to a parent’s authority to make important decisions regarding the child’s upbringing. The decision-making authority over the child includes: 

Sole vs. joint custody

A child’s physical and legal custody can be further broken down into sole or joint custody. 

In a sole custody arrangement, only one parent has custody of the child. Conversely, in a joint custody arrangement, both parents share custody of the child.

How a lawyer may help

Child custody matters may be difficult to navigate at times. Nevertheless, you have a legal right to parent and care for your child. If you have questions, you may want to consider speaking with an experienced family law and custody attorney to discuss how to protect your interests.

An attorney can help you: