Divorce prep · New York
Child custody and parenting plans in New York
In New York, when domestic violence is proven by a preponderance of the evidence, the court must consider its effect on the child's best interests. A New York court may not place a child in the custody of a parent who presents a substantial risk of harm to that child.
Educational only. Not legal advice. Sources checked November 2, 2026.
What the official sources say
- In New York, when domestic violence is proven by a preponderance of the evidence, the court must consider its effect on the child's best interests. New York Domestic Relations Law § 240. Checked November 2, 2026
- A New York court may not place a child in the custody of a parent who presents a substantial risk of harm to that child. New York Domestic Relations Law § 240. Checked November 2, 2026
- New York courts can issue a temporary emergency custody or visitation order in emergencies such as computer malfunctions. New York Domestic Relations Law § 240. Checked November 2, 2026
Official links
How to keep these papers
Keep dated copies of the papers you already have in one place, and write the day something happened on the same day. KeepMyProof is a private phone app for that: folders with checklists, the day it happened next to the day you saved it, and one PDF of a folder when someone asks.
- Bank, retirement and debt statements
- Pay stubs and tax returns
- Household bills and expenses
- Home, car and property papers
- Agreements and court papers you have
- Messages sent to you
- Co-parenting log: dated handoff and visit notes
Download the free printable checklist (PDF)
One page, no email needed.
Coming soon to Google Play.
More for New York
- How child support works in New York
- How to get a copy of your divorce record in New York
- Protective orders for domestic violence in New York
- Divorce residency rules and where to file in New York
- Divorce document checklist: the full guide
- Child custody and parenting plans: all states
Neighbouring states
- Child custody and parenting plans in Connecticut
- Child custody and parenting plans in Massachusetts
- Child custody and parenting plans in Vermont
- Child custody and parenting plans in New Mexico
Questions
Where do these New York facts come from?
Each fact on this page is copied from an official source: New York Domestic Relations Law § 240. We checked that each source still says it on November 2, 2026. Rules and forms change, so open the official link and read the current version before you rely on it.
Is this legal advice?
No. This page is educational only and is not legal advice. KeepMyProof is not a law firm. For advice about your situation, ask a lawyer licensed in New York or your court's self-help center.
Which papers should I keep for divorce prep?
A good start: Bank, retirement and debt statements; Pay stubs and tax returns; Household bills and expenses; Home, car and property papers; Agreements and court papers you have; Messages sent to you; Co-parenting log: dated handoff and visit notes. Keep only papers you are allowed to have, write the date on each note, and keep originals somewhere safe.
How can I keep these papers private on my phone?
KeepMyProof keeps copies of the papers you already have in folders with checklists, encrypted on your phone, with no account and no ads. It is free for the first items you save. It is coming soon to Google Play.
Educational only. Not legal advice.