Why Shared Parenting Should Be New York’s Default

Recently, I had the opportunity to speak with Alan R. Feigenbaum, contributing author to the New York Law Journal and Co-Chair of the Legislative Section of the New York State Bar Association. Our conversation focused on a 2022 article he authored titled "Survey Says: NY Continues to Embrace Joint Custody Arrangements," which reviewed a key case from the Fourth Department—Matter of Brady J.S. v. Darla A.B., 2022 NY Slip Op 04858. While Mr. Feigenbaum declined to take a personal stance on shared parenting advocacy, his thoughtful review of recent case law supports a trend that advocates like myself have long championed: New York’s gradual, cultural shift toward shared custody rulings.

In our discussion, Alan and I found common ground on a critical principle: shared parenting is in the best interest of children. For those of us who have been advocating for this dynamic for years, this is a no-brainer. A 2020 Monroe County opinion put it best: “A child’s best interests are protected best by allowing the development of the fullest possible healthy relationship with both parents.” That single sentence should serve as the guiding standard for all future family law reform—not just in New York, but globally.

Yet, despite emerging case law and growing consensus, systemic challenges remain. One area of disagreement between Alan and me was whether fathers receive disproportionately limited parenting time in New York. While he disagreed with my estimate that many fathers only receive 30–35% of parenting time, national data suggests otherwise. According to a 2018 Custody X Change study, “Nationwide, a father is likely to receive about 35% of child custody time.” And according to the Annie E. Casey Foundation’s 2022 estimates, 14.3 million children live in mother-only households, compared to just 3.5 million in father-only homes. This four-to-one ratio, while not definitive proof of gender bias, should raise serious questions about the equitable application of custody rulings.

In recent years, many states have moved to give divorced fathers more time with their children. In 2017 alone, 25 state legislatures considered laws to encourage shared parenting after divorce or make it the default, as reported by The Washington Post.

Crucially, New York State still lacks transparency on this issue. Until recently, the NYS Unified Court System was not even required to report basic case data. Even now, while the system tracks court filings, case types, and petitioner genders, it remains silent on case outcomes. Without publicly available, empirical data about how custody is awarded, advocates and lawmakers are left to rely on anecdotal evidence and outdated assumptions.

Despite these limitations, there’s no doubt a cultural shift is underway. Attorneys like Feigenbaum are helping shape that shift through honest, practical advice to clients. In one section of his article, he writes:

“Even if the relationship between the parents is permeated with strife, that may not be enough to defeat shared physical custody… An award of sole custody on decision-making does not mean, ipso facto, that the duration of one parent’s access will be dramatically larger in scope than that of the other parent.”

This is more than legalese—it’s a dismantling of the old control-based approach to custody. By setting shared parenting as the normative outcome from the beginning of a case, attorneys can promote more equitable, less adversarial solutions. That’s a win not only for parents' wallets, but for their children's emotional well-being.

Organizations like New York Families for Tomorrow support a 50/50 shared custody model as the starting point—not the exception. And we believe that the guiding principle for all custody reform should be rooted in that Monroe County opinion:

“a child’s best interests are best protected by fostering healthy relationships with both parents.”

We must push for transparency in family court data, advocate for shared parenting laws, and educate both the public and the legal community on the benefits of joint custody. The law must reflect what we already know: that children thrive when both parents are actively and equally involved in their lives.

Let that be the rule. Let that be the future.

Summer Johnson is a policy analyst, family law paralegal, and Town Supervisor living in New York State. A dedicated mother of four and wife, she brings both professional expertise and lived experience to her advocacy for shared parenting. Through her work with New York Families for Tomorrow, she champions equitable family law reform that prioritizes the best interests of children while promoting parental balance and transparency in the court system. With a deep understanding of public policy and hands-on experience in the legal field, she is committed to creating a fairer future for New York families.