What is the presumption in New York regarding joint custody?

In New York, there is a presumption in favor of joint custody when both parents demonstrate the ability to cooperate and effectively communicate with one another regarding the child's welfare. This principle is rooted in the belief that maintaining a strong relationship with both parents serves the best interests of the child, provided that the parents are willing and able to share responsibilities and work together.

The courts recognize that a collaborative and involved parenting approach can contribute positively to a child's emotional and social development. As such, if parents can demonstrate that they can amicably share parental responsibilities and make joint decisions about their child's upbringing, joint custody is likely to be favored. The emphasis is on the parents’ ability to cooperate rather than a mere division of physical custody or visitation time. This framework encourages parents to prioritize their child's well-being by fostering a supportive co-parenting environment.

Other options do not align with this principle; for instance, stating that there is a presumption against joint custody overlooks the growing trend and judicial acknowledgment of shared parenting relationships. Additionally, the idea that joint custody is only granted if one parent requests it misrepresents the proactive stance courts may take in fostering cooperative parenting arrangements. Lastly, the assertion that joint custody is rare is contradicted by the trend in family law toward supporting