Westchester, NY family law attorney Andrea B. Friedman talks about whether or not New York is a 50/50 custody state. She explains that New York is not presumed to be a 50/50 custody state. Instead, the guiding principle in the state is the best interests of the child, which is a subjective and often nuanced standard. She emphasizes that the law does not favor one parent over the other in terms of custody rights.

She notes that “custody” is a complex term that is frequently misunderstood. In New York, custody is typically divided into two components: decision-making authority, which determines how important decisions regarding the child will be made, and parenting time, which addresses where the child will live and how much time they will spend with each parent. She stresses the importance of understanding these distinctions to navigate custody matters effectively in New York.