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Custody

Visitation Rights in New York

Understand visitation schedules, rights, and modifications in New York. New York follows equitable distribution.

Property Type

Equitable

Filing Fee

$335–$380

Median Cost

$15,000–$65,000

Annual Divorces

55,000+

Understanding Visitation Rights in New York

New York courts determine all custody matters using the best interest of the child standard. This means the court evaluates each parent’s ability to provide a stable, nurturing environment, the child’s existing relationships and routines, and any special needs or preferences (for children old enough to express them).

Child support in New York is calculated using the Income Shares model. Both parents' incomes are combined, and the state's guideline table determines the total obligation. Each parent's share is proportional to their income.

New York recognizes both legal custody (decision-making authority) and physical custody (where the child lives). Joint legal custody is common; physical custody arrangements vary based on the family’s circumstances. The filing fee to initiate custody proceedings in New York is $335–$380.

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Common Questions

How long do you have to live in New York to file for divorce?
New York requires 12 months (varies by ground) of residency before you can file for divorce. NY DRL §236B governs the filing requirements.
Is New York a community property or equitable distribution state?
New York follows equitable distribution rules, meaning the court divides marital assets fairly but not necessarily equally.
How much does a divorce cost in New York?
Filing fees in New York range from $335–$380. The median total cost is approximately $15,000 for uncontested divorces and $65,000 for contested cases.
How long does a divorce take in New York?
New York has a mandatory waiting period of no mandatory waiting period. Uncontested divorces typically finalize in 2–4 months, while contested cases can take 12–18 months or longer.
How is child support calculated in New York?
New York uses the Income Shares model, based on both parents' combined income. The formula considers both parents' incomes, number of children, health insurance costs, and childcare expenses.

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Related Resources

This page provides general information about visitation rights in New York and is not legal advice. Verify current statutes with NY DRL §236B or consult a licensed New York attorney. Last reviewed March 2026.