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New York · NY

New York Custody Laws: Parenting Time & Relocation

A plain-English reference to New York custody terminology, joint custody, parenting time, relocation, child preferences, and order changes.

Informational only—not legal advice. Laws and guidelines change. Verify the current rule with the official court resource and a licensed New York family-law attorney.

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.

Build a workable New York parenting plan

Put regular time, holidays, exchanges, communication, and dispute steps in one written plan. Then keep the actual schedule and handoffs organized as circumstances change.

New York custody questions

What are the custody laws in New York?

New York applies the statute or rule summarized above and decides parenting time by the child's best interests. Read the official court resource before filing.

Can a parent move with a child in New York?

Tropea v. Tropea applies a multi-factor best-interests test to relocation.

How do I change a New York custody order?

A change in circumstances warranting modification in the child's best interests is required.

More New York family-law resources

Compare the rule with your written plan, schedule, and records before you file or negotiate.

Last reviewed ·Reviewed by the CustodyTrac editorial team

How this is calculated

Terminology, parent-education requirements, and filing venue are taken from each state's court self-help materials and statutes. Requirements change — confirm with the court where you file.

CustodyTrac publishes educational information, not legal advice. Custody and support outcomes depend on facts a calculator cannot see — confirm anything that matters with a family law attorney in your state.