New York Parenting Time Calculator

New York calculates parenting time by counting the total number of overnight stays a child spends with each parent over a year. Under Domestic Relations Law § 240 and the Rubin v. Salla appellate decision, overnights—not waking hours—determine custody percentages. For example, 182.5 annual overnights equals 50% parenting time, while every-other-weekend custody (approximately 52 overnights) represents roughly 14% parenting time. Courts also count holiday overnights, summer vacation stays, and school break periods.

New York does not use a fixed parenting time threshold to trigger automatic child support adjustments like many other states. Instead, courts evaluate each case individually under DRL § 240. However, in true 50/50 custody arrangements (182.5 overnights each), the higher-earning parent pays support to the lower-earning parent under the Baraby v. Baraby ruling. Courts apply the Child Support Standards Act percentages—17% for one child, 25% for two—to combined parental income up to $183,000 through February 2026.

A 2-2-3 custody schedule in New York rotates children between homes every few days: two days with Parent A, two days with Parent B, then three days with Parent A, followed by three days with Parent B. This equals exactly 50% parenting time (182.5 overnights annually) for each parent. New York courts favor this arrangement for parents living in the same school district because it maintains frequent contact with both parents while providing consistent weekly routines.

Under New York's Child Support Standards Act and DRL § 240(1-b), the parent with majority overnights is considered the custodial parent who receives child support. New York courts generally do not reduce support based on parenting time percentages except in 50/50 arrangements, where the Bast v. Rossoff and Baraby v. Baraby rulings apply. In equal time-sharing, the higher-earning parent pays support to the lower-earning parent using CSSA percentages: 17% for one child, 25% for two, 29% for four children.

Yes, you can modify a parenting plan in New York by demonstrating a 'substantial change in circumstances' under DRL § 240(1)(a) and proving the modification serves the child's best interests. Qualifying changes include parental relocation, significant shifts in work schedules, the child's evolving developmental needs, or documented safety concerns. You must file a modification petition with the Family Court that issued the original order. Courts may also modify custody when a parent returns from military deployment.

New York courts recommend toddler custody schedules (ages 18 months to 3 years) that provide frequent contact with both parents while maintaining consistent routines. Common arrangements include the 2-2-3 rotation, the 4-3 schedule, or a 5-2 schedule with midweek visits. Toddlers should not be away from either parent for more than two to three days. Courts encourage including provisions for daily phone calls with the non-present parent and keeping photos of both parents in the child's bedroom.

New York's official Parenting Plan Form requires parents to specify holiday arrangements that take precedence over regular schedules. Courts commonly use three approaches: rotating holidays (alternating Thanksgiving and Christmas annually), fixed holidays (each parent always has specific holidays), or split holidays (child spends morning with one parent and evening with the other). Typical provisions divide Christmas Eve and Christmas Day between parents, alternate Thanksgiving weekend, and split summer vacation into two-week and one-week blocks with May 1st notification deadlines.

First right of refusal (ROFR) in New York requires a parent to offer the other parent childcare time before using babysitters or third parties during their scheduled parenting time. This optional provision is negotiated in custody agreements, not mandated by law. Typical clauses specify a time threshold (commonly four to six hours), required notice method, and response deadline (often 30 minutes to one hour). In Matter of Yeager v. Yeager, a New York court fined a mother $1,000 and awarded makeup parenting time for violating ROFR.