All recent custody legislation in New York calls for settlements based on the best interests of the child. It is certainly not in the best interests of the child to be separated from either parent. Nevertheless, these same courts continue to award mothers sole custody. In sole custody, the custodial parent alone makes all major decisions. The only obligation is to keep the non-custodial parent informed.
Most people think it means an equal sharing of time.
In fact, joint custody is less concerned with time, and more concerned with equal responsibility and shared decisions. In the State of New York, joint custody is obtained only on consent of both parents. As a practical matter, voluntary joint custody agreements are not as common as they should be. That s because litigants do not want to give the other parent greater rights than the law demands. The New York courts must send out a clear message to couples seeking divorce or separation, that raising children is a team effort.