New York custody help

New York Custody Agreement Help for Parents

New York custody law is mostly judge-made: the statute gives neither parent an automatic right to custody and leaves the rest to the child's best interests. What your order actually says matters more here than a default schedule.

New York guides on this site

Start with the guide that matches the paragraph you're trying to read.

New York parenting plan guideA plain-English starting point for New York parenting-plan review. Can my ex move away with my child?Relocation questions and what to look for in the order. Joint custody vs. sole custodyUnderstand legal/physical custody language. Custody pickup and dropoff rulesHow to read transportation and exchange terms.

How custody works in New York

These are general points about New York custody. How they apply depends on your order, the court and the facts of your case.

  1. No automatic right for either parent. The Domestic Relations Law says there is no prima facie right to custody in either parent. The court decides based on the child's best interests and must weigh proven domestic violence. (N.Y. Dom. Rel. Law § 240)
  2. Two courts can hear custody. Custody in a divorce is decided in Supreme Court. Parents who aren't divorcing, or who want to change an order, usually file a custody or visitation petition in Family Court. A parent, grandparent, or someone with a substantial relationship with the child may file. (NY Courts, Family Court custody)
  3. Relocation is case-by-case. New York has no fixed mileage rule for moves. Under Tropea v. Tropea, courts weigh all the circumstances, including each parent's reasons, the child's relationship with each parent, and whether meaningful contact can continue. (Tropea v. Tropea, 87 N.Y.2d 727 (1996))

Source: New York Domestic Relations Law § 240. Checked September 2026. Laws change; confirm the current text or ask a family-law attorney licensed in New York. Educational only, not legal advice.