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Joint Custody

Also called: Shared Custody

What it means

A custody arrangement where both parents share legal authority over the child, parenting time, or both. Joint legal custody means both parents share major decisions about education, medical care, religion, and other important matters. Joint physical custody means the child spends substantial time with each parent. The split is not always 50-50; many joint physical arrangements look like a primary residence with one parent and a meaningful overnight schedule with the other. New York courts decide custody under the best-interest-of-the-child standard. Joint custody usually requires that the parents can communicate and cooperate. A history of domestic violence or extreme conflict often makes joint custody inappropriate. The court order spells out the schedule, decision-making authority, and dispute-resolution process.

When you might hear this

Joint custody is a custody arrangement where both parents share decision-making about the child, the time the child spends with each parent, or both. It can take many forms depending on the family and what the court finds is in the child's best interest.

What to ask

  • Are we talking about joint legal custody, joint physical custody, or both?
  • What does the parenting-time schedule look like in practice?
  • How are decisions made when the parents disagree?
  • How is joint custody affected by a history of domestic violence?
  • Can the order be changed if the arrangement stops working?
Source
NY DRL ยง 240; NY common law (Eschbach v. Eschbach) โ€” Read the law
Checked: 2026-04-26
This is for understanding only. It is not legal advice. If you are in a case, talk to a lawyer.