Bill Aims to Establish Shared Parenting Presumption in New York
Around the country, states have taken different approaches as to whether laws governing child custody should encourage shared parenting. Generally, shared parenting jurisdictions start with a rebuttable presumption that parenting time should be split equally and legal custody should be granted jointly when parents who no longer live together. While this might sound ideal, there are some reservations about whether these laws are truly what’s best for young people.
As of now, New York has not adopted a shared parenting framework, staying with a traditional system in which each situation is judged on its own merits. Of course, when conducting a “best interests of the child” analysis, there are many instances where judges do split custody rights and responsibilities equally among parents even though there is no statutory preference for that result.
Now, some legislators and parenting groups are trying to make New York a shared parenting state. The Assembly has introduced a bill that would establish a presumption for joint legal custody and equal parenting time. Deviating from that standard would require clear and convincing evidence. Supporters say the introduction of shared parenting as the default setting would make it more likely that children would maintain meaningful relationships with both parents, recognizing the fundamental role each plays in a child’s life. In the event that shared parenting is not appropriate in a given case, the bill calls for child custody schedules that maximize the time that a son or daughter spends with each parent.
A major objection to shared-parenting laws is that judges will give too much deference to the 50/50 presumption rather than engaging in a true review of what is in a youth’s best interests. Even without any preference for equal parenting time, there are concerns that courts focus too heavily on parental rights rather than the well-being of children in the middle of custody disputes, possibly exposing them to abuse. This is the subject of a different bill that has been proposed in New York, known as “Kyra’s Law.”
No matter which child custody system is in place, there’s nothing more important than maintaining a strong bond with your son or daughter. At the Law Office of Maurice J. Verrillo, P.C. in Rochester, we have more than 35 years of experience representing Western New York clients in child custody cases and other family law matters. Please call our office at 585-563-1134 or contact us online to schedule a free 30-minute consultation.
July 5, 2025 Posted in Family Law Tagged child custody, joint legal custody, parenting Comments Off on Bill Aims to Establish Shared Parenting Presumption in New York
