Making a Strong Case for Shared Physical Custody in New York

When parents in New York get divorced, one of the most critical aspects is deciding where their children will live. Having both parents share physical time with the children can be an ideal arrangement. However, New York courts prioritize the best interests of the child when making decisions on shared physical custody, and the arrangement is not always an equal split 

Here are ways that a divorcing parent can make a persuasive case for shared physical custody.

• Focus on benefits to the child — Factors that courts consider in deciding on custody include the child’s physical and emotional needs, the stability of each parent’s home environment and the ability of the parents to cooperate in making decisions that affect the child. Emphasizing the child’s need for a consistent and loving relationship with both parents is paramount.

• Demonstrate cooperation and communication — Courts look favorably upon parents who can communicate effectively and resolve disputes amicably. It’s important to demonstrate your willingness and ability to work with the child’s other parent in making decisions regarding education, healthcare and extracurricular activities. Providing examples of successful co-parenting during the separation period can strengthen your case.

• Show commitment to a balanced parenting plan — A thorough and practical parenting plan will detail how the parents will share time with the child, including weekdays, weekends, holidays and vacations. It should also address how parents will handle transitions between homes and attempt to make the child’s routine as consistent as possible. 

• Prove a stable and supportive home environment — A parent should be prepared to demonstrate that their home environment is stable, safe and supportive of the child’s development. This includes showing that the child will have a suitable place to sleep, study, and play, as well as access to educational resources and extracurricular activities. The proximity of the parent’s home to the child’s school and friends may also be a positive factor. In addition, the proximity of each parent to the child’s school is very important in shared parenting. There is normally a radius implemented, detailing the distance the parties can reside from one another or from the child’s school.

• Respect the other parent’s role — It’s important to avoid disparaging the other parent or undermining their relationship with the child. Instead, express a genuine commitment to ensuring that the child maintains strong, positive relationships with both parents. This can work to assure the court that the shared custody arrangement you seek is in the child’s best interests.

An experienced child custody attorney can present a well-founded case that can increase a parent’s chances of obtaining a shared arrangement that allows them to remain actively involved in their child’s life after divorce.

The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP work to develop child custody arrangements that permit parents to spend quality time with children after divorce. Call 631-360-0400 or contact us online to arrange a free initial consultation.