Survey Says: NY Continues To Embrace Joint Custody Arrangements
While it is true that New York has no statutory presumption that joint custody is per se in a child's best interests, the fact is that New York's decisional law is evolving to the point where blanket statements to the effect that "there's no such thing as joint custody in New York" are shallow at best.
September 12, 2022 at 10:00 AM
6 minute read
Throughout this author's years of practicing matrimonial law, I've often heard that New York does not allow for joint custody of children in divorce. Therefore, it would be futile to ask a New York court to award "joint custody" because no such thing exists in this state.
While it is true that New York has no statutory presumption that joint custody is per se in a child's best interests, the fact is that New York's decisional law is evolving to the point where blanket statements to the effect that "there's no such thing as joint custody in New York" are shallow at best.
The Fourth Department's recent decision in Matter of Brady J.S. v. Darla, A.B., 2022 NY Slip Op 04858, illustrates the extent to which New York courts are adapting jurisprudence on custody matters to the particulars of each family—all with an eye toward trying to determine what will best serve a child's relationship with each parent going forward.
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