Primary law and terminology
Dom. Rel. Law § 240; Family Court Act Art. 6. In New York, courts generally describe the schedule as a visitation schedule. The court's decision is based on the child's best interests, not simply a parent's preferred percentage of time.
Joint custody and parenting time
No presumption; joint custody is generally not imposed on hostile parents (Braiman v. Braiman).
Child preference
Considered with age and maturity; often explored in a Lincoln hearing.
Relocation and move-away cases
Tropea v. Tropea applies a multi-factor best-interests test to relocation.
Changing an existing order
A change in circumstances warranting modification in the child's best interests is required.
Where to file
Under the UCCJEA the child generally must have lived in the state for the 6 months before filing (or since birth, if younger). Custody cases can be filed in either Family Court or Supreme Court.