What are New York State’s custody guidelines?
Assuming the custodial parent does not receive public assistance, if the parents come to an agreement when making decisions about custody and visitation, then the court does not need to get involved. If there is no agreement, then the courts will make those decisions once a petition is filed for child support by either parent or by the State. In New York, the type of custody awarded is based on the best interests of the child/children. No preference is given to either parent. The decision on who gets custody takes place at the child support court hearing or during a separate court hearing scheduled specifically to decide visitation rights.
