New York’s family court system should reflect what research shows is best for children: strong, stable relationships with both parents whenever it is safe and appropriate.

Right now, New York law does not provide a clear presumption of shared parenting. Custody outcomes vary widely by county and judge, often leading to lengthy legal battles, increased conflict, financial strain, and emotional stress for children.

Why This Matters for Children’s Mental Health:

Research consistently shows that children generally experience better mental health outcomes when both parents remain actively involved.

-Children in shared parenting arrangements show lower rates of anxiety, depression, and behavioral problems (Nielsen, 2018).
-A consensus of 110 researchers concluded that children benefit from frequent, ongoing contact with both parents, even in early childhood (Warshak, 2014).
-According to the U.S. Census Bureau, about 1 in 3 children live in single-parent households, which are associated with higher financial stress and increased mental health risks.

In New York:

-Over 2.5 million children live in single-parent households.

-The New York State Office of Mental Health reports rising rates of anxiety, depression, and emotional distress among youth.

-High-conflict custody litigation itself increases the risk of emotional and behavioral problems.

-When children lose meaningful contact with a parent—or are caught in prolonged legal battles—the emotional impact can last throughout their childhood, and often into adulthood.

 
Proven Results from Kentucky’s 2018 Reform:

Kentucky’s House Bill 528 established a rebuttable presumption of joint custody and equal parenting time. Since implementation, available state and court data and administrative reports indicate:

-Significant reduction in contested custody hearings
-Fewer custody filings overall
-Faster case resolution times
-Lower legal costs for families
-Improved parental cooperation
-Reduced court workload and backlog

By creating clear expectations from the beginning, the law reduced incentives for litigation and helped shift families toward resolution and cooperation instead of being trapped in a state of conflict.

Kentucky Shared Parenting Data Quick Sheet:

Kentucky HB 528 Outcomes (Post-2018)

-Contested custody hearings: Decreased significantly (Administrative Office of the Courts).
-Custody filings: Declined after implementation.
-Average case duration: Shorter resolution times.
-Court backlog: Reduced.
-Family legal costs: Lower due to fewer contested cases.

Reports from KY judges and attorneys:

-Clearer expectations.
-Less strategic litigation.
-More negotiated agreements.

 
Economic Fairness and Conflict Reduction:
Financial conflict is one of the primary drivers of custody disputes.

When parenting time is more balanced and child support reflects actual caregiving responsibilities:

-Custody is less likely to be treated as a financial contest.
-Parents have fewer incentives to fight for sole custody.
-Ongoing disputes and enforcement actions decrease.
-Families experience lower legal expenses and less financial stress.

Shared parenting reform promotes shared financial responsibility, reducing adversarial incentives and allowing parents to focus on their child’s needs rather than gearing up for litigation.

What We Are Asking New York Lawmakers to Do:
We urge New York State to adopt reforms modeled after Kentucky’s successful law by:

-Establishing a rebuttable presumption of joint legal and physical custody when both parents are safe and found fit.
-Encouraging substantially equal parenting time when it serves the child’s best interests.
-Aligning child support with actual parenting time and shared financial responsibility.
-Expanding mediation and co-parenting education to reduce conflict.
-Maintaining strong safeguards in cases involving domestic violence, abuse, or substance misuse
-Prioritizing children’s mental health, stability, and economic security.

Shared parenting reform is not about parental rights—it is about reducing conflict, lowering costs, and protecting children’s emotional well-being.

New York’s children deserve a system built on proven results.

Please sign and share to help bring a proven, child-focused reform to New York!

 

Sources:

-Nielsen, L. (2018). Joint versus sole physical custody: Outcomes for children. Journal of Child Custody, 15(1), 35–54.
-Warshak, R. A. (2014). Social science and parenting plans for young children. Psychology, Public Policy, and Law, 20(1), 46–67.
-U.S. Census Bureau. (n.d.). American Community Survey. https://www.census.gov
-New York State Office of Mental Health. (n.d.). Children’s mental health reports. https://omh.ny.gov
-Kentucky Administrative Office of the Courts (post-implementation summaries)
-Kentucky General Assembly (2018). House Bill 528
-National Parents Organization state reports

 

Also, please use the contact templates listed below to contact your local Assembly Member and Senator for your area.

 

Legislator Contact Copy/Paste Template:
Subject: Support Shared Parenting Reform to Protect Children’s Mental Health

Dear Senator/Assembly Member [Last Name],

I am a New York resident and constituent writing to ask for your support for family court reform that prioritizes children’s mental health and stability.

Research consistently shows that, when safe and appropriate, children do better emotionally, academically, and socially when both parents remain actively involved in their lives. Shared parenting is associated with lower rates of anxiety, depression, and behavioral problems.

Currently, New York does not provide a clear presumption of joint custody, and outcomes vary widely. This often leads to prolonged litigation, increased family conflict, and emotional stress for children.

I respectfully urge you to support legislation that would:

Establish a rebuttable presumption of joint legal and physical custody when both parents are fit
Encourage shared parenting time that supports ongoing relationships with both parents
Align child support fairly with shared parenting responsibilities to reduce financial conflict
Expand mediation and conflict-reduction programs
Maintain strong protections in cases involving abuse or domestic violence
Children deserve policies based on research, stability, and mental health protection.

Thank you for your time and for your service to New York families.

Sincerely,
[Your Name]
[City, NY]

 
Short Call Script (If Calling Office)
“Hello, my name is [Name], and I’m a constituent from [City]. I’m calling to ask the Senator/Assembly Member to support shared parenting reforms that prioritize children’s mental health and encourage involvement from both parents when it is safe. Aligning child support with shared parenting time can also reduce financial conflict and help families cooperate. Thank you.”