What Brooklyn Parents Need to Know Before They Go to Court
At The Gilmer Law Firm, PLLC, based in Downtown Brooklyn, we represent mothers and fathers throughout New York City in child custody proceedings, including cases where parents seek or oppose joint physical custody. Whether you’re divorcing, legally separating, or modifying an existing custody order, it is crucial to understand how New York courts decide these cases—and what it takes to succeed in getting a 50/50 parenting arrangement.
📚 What Is Joint Physical Custody?
In New York, joint physical custody means that a child lives with both parents on an approximately equal basis. It doesn’t necessarily require a 50/50 split to the minute, but it does require that both parents have substantial, routine parenting time and that the child’s life is anchored in both households.
This differs from:
- Sole physical custody, where the child resides primarily with one parent and the other has visitation, and
- Joint legal custody, which refers only to shared decision-making about the child’s education, health care, and welfare—not where the child lives.
⚖️ New York’s Standard: Best Interests of the Child
New York Family Courts decide custody cases based on the best interests of the child, not the preferences of the parents. Judges consider a number of factors when deciding whether joint physical custody is appropriate, including:
- The ability of each parent to provide a stable, safe, and nurturing environment
- The child’s age, emotional needs, and attachment to each parent
- The history of caregiving and each parent’s involvement in the child’s daily life
- The willingness and ability of parents to communicate and cooperate
- The geographic distance between the parents’ residences
- Any history of domestic violence, substance abuse, or neglect
- The child’s preference if they are of sufficient age and maturity
📝 Key Point: Joint physical custody is not automatically presumed in New York. It must be shown that the arrangement is truly in the child’s best interests and practically feasible.
🧑⚖️ Real Case Example: Joint Custody Achieved Through Motion Practice in Brooklyn Family Court
In a recent case at Kings County Family Court, we represented a father seeking joint physical custody of his 9-year-old daughter. The mother had primary custody for nearly two years and argued that a 50/50 arrangement would be disruptive to the child’s routine.
However, we established:
- That our client had a flexible remote work schedule,
- That he had regularly attended parent-teacher conferences, doctor’s appointments, and extracurricular events,
- That the child had a strong bond with both parents, and
- That both homes were located in Brooklyn, 15 minutes apart.
Through strategic motion practice and a well-crafted parenting plan, we were able to convince the court that the father should share equal time. The court granted joint physical custody with a 2-2-5-5 schedule, ensuring the child had meaningful time with both parents without excessive back-and-forth.
🛠️ Common Joint Physical Custody Schedules
Courts may approve a variety of shared parenting schedules, including:
- Alternating weeks: One week with each parent.
- 2-2-3 schedule: Two days with Parent A, two with Parent B, alternating weekends.
- 2-2-5-5 schedule: Two weekdays with each parent, alternating weekends.
- Split weeks with midweek transitions: For example, Monday–Thursday with one parent, Thursday–Sunday with the other.
The chosen schedule must account for:
- The child’s school schedule
- Each parent’s work commitments
- The distance between homes
- The child’s age, temperament, and flexibility
❗ When Joint Physical Custody May Not Be Appropriate
Courts may decline to award joint physical custody if:
- There is evidence of domestic violence, harassment, or a history of coercive control.
- One parent attempts to alienate the child from the other.
- There is significant conflict or an inability to co-parent civilly.
- The parents live too far apart for a joint schedule to be practical.
- The child has special needs that require a consistent, highly structured environment.
In these cases, the court may award sole physical custody to one parent, with liberal parenting time for the other—particularly if a 50/50 split would cause instability or distress for the child.
📝 Creating a Strong Parenting Plan
A comprehensive parenting plan is essential for joint custody. At The Gilmer Law Firm, PLLC, we help parents build parenting agreements that address:
- Weekly schedules
- Pick-up/drop-off locations and transitions
- Holiday and school break schedules
- Summer and vacation time
- Rules around health care, education, and extracurriculars
- Conflict resolution procedures (e.g., mediation before litigation)
A well-written plan can prevent conflict and provide legal clarity in the event of disagreement.
⚖️ Do I Need a Judge’s Approval If We Agree on Joint Custody?
Yes. Even if both parents agree to a joint physical custody arrangement, it must be submitted to Family Court and approved by a judge. The court will still ensure the agreement meets the best interest standard. Without a court order, the arrangement is not enforceable.
💼 Why Work with The Gilmer Law Firm, PLLC?
We bring more than two decades of experience to child custody litigation and negotiations in Brooklyn Family Court and throughout the five boroughs. Attorney Mark Gilmer understands the emotional and legal complexity of custody disputes and approaches each case with:
- A child-centered philosophy
- Detailed legal knowledge of Family Court Act Article 6
- Compassionate, trauma-informed representation
- Strategic advocacy in high-conflict or contested custody cases
📞 Call Today for a Consultation
If you are seeking joint physical custody or modifying an existing custody order in New York, we can help.
📍 The Gilmer Law Firm, PLLC
15 Metrotech Center, 7th Floor
Brooklyn, NY 11201
📞 (718) 864-2011
📧 gilmerlawfirmpllc@gmail.com
Serving clients in Brooklyn, Manhattan, Queens, Bronx, and Staten Island.
