New York Custody, Visitation & Support
Current, source-linked New York terminology and rules without imported out-of-state formulas.
New York terminology
Legal custody
Who makes major decisions for the child (education, health care, religious training).
Physical custody
Where the child lives day to day (also called residential custody).
Visitation / parenting time
The scheduled time a parent spends with the child.
Joint / sole custody
Shared or single-parent decision-making and/or residence.
Core rules
- There is no prima facie right to custody in either parent — the court decides solely on the child's best interests (DRL § 70, § 240)
- Best interests is judged under the totality of the circumstances; there is no statutory checklist of factors
- The child's health and safety is the paramount concern (DRL § 240(1))
- Domestic violence is a factor the court must consider
- There is no 50/50 presumption and no fixed overnight rule
- The court may appoint an Attorney for the Child (formerly Law Guardian)
Support and modification cautions
New York uses the Child Support Standards Act — a fixed percentage of the parents' combined income (17% for one child, 25% for two, 29% for three, 31% for four, at least 35% for five or more) up to a statutory cap ($193,000 as of March 1, 2026), split proportionally. Support generally continues to age 21.
Custody/visitation may be modified only on a substantial change in circumstances and a best-interest finding. Child support may be modified on a substantial change, after about 3 years, or on a 15% involuntary change in a parent's gross income.
- DRL § 240 — custody, visitation, child support
- childsupport.ny.gov — Establish Order
- New York Courts — Family Forms
Always confirm current local forms, fees, and filing procedure with the receiving court.