New York has once again received an “F” on the National Parents Organization’s Shared Parenting Report Card. This dismal evaluation highlights the urgent need for legislative reform to prioritize the well-being of children in custody arrangements. Despite overwhelming public support for shared parenting, New York remains one of the few states without statutory recognition of shared parenting principles, leaving families at the mercy of outdated case law and inconsistent judicial decisions.
What’s holding New York back?
• New York lacks explicit statutory recognition of shared parenting, joint legal custody, or shared residential custody.
• There is no presumption or preference for shared parenting in temporary or final custody orders.
• Courts are not required to consider “friendly parent” factors, which reward cooperative behavior between parents during custody disputes.
• False allegations of abuse in family law cases remain unaddressed by specific statutes.
These shortcomings perpetuate a system that often favors sole custody arrangements, depriving children of meaningful relationships with both parents. Research has consistently shown that shared parenting reduces behavioral problems and improves emotional stability in children.
What needs to change?
New York legislators must act immediately to modernize family law by enacting statutes that:
1. Establish a presumption of shared parenting — unless there is evidence of abuse or neglect, courts should default to equal custody arrangements.
2. Encourage cooperative parenting — include “friendly parent” provisions to promote collaboration between parents.
3. Protect against false allegations — introduce penalties for baseless claims that undermine custody proceedings.
These reforms would align New York with states like Kentucky and Arizona, which have successfully implemented shared parenting laws and earned high grades on the report card.
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Assembly Bill A06151 — a path forward
Assembly Bill A06151 establishes a presumption of shared parenting in matrimonial proceedings, ensuring that courts prioritize equal involvement from both parents unless evidence shows it would be detrimental to the child’s best interests. The bill also defines shared parenting and introduces guidelines for creating parenting plans, providing much-needed clarity and consistency in custody cases.
A call to action
The time is now for New York’s lawmakers to prioritize the best interests of children by embracing shared parenting legislation. Families deserve a legal framework that supports both parents’ involvement in their children’s lives, fostering stability and emotional growth. We must move New York from failing to leading in protecting children’s rights.
André Rainey is the former mayor of Peekskill and chair of the National Parents Organization.