Parental rights - New York
Parental rights in New York
2 of 3 questions have been reviewed for New York. A question shown as "Not yet reviewed" makes no claim either way.
Educational reference, not legal advice. Nothing here creates an attorney-client relationship. Family law is state-specific and it changes: a statute or case cited here may have been amended, repealed or overruled since the review date shown. Verify against the primary source before relying on anything on this page, and talk to a lawyer licensed in your state about your own situation.
When a non-parent or the state asks a court to override a fit parent's decision about their child, what must they show?
New York: Not yet reviewed
Not yet reviewed. This page makes no claim about New York on this question.
Can parents' own custody or child-support agreement bind them without a judge approving it?
New York: Court approval required to bind
Statute: N.Y. Dom. Rel. Law sec. 240(1-b)(h)
This row covers child support. Parents may agree to support that deviates from the guideline, but the agreement must say they were advised of the guideline, state what the guideline amount would have been and why they departed from it, and that requirement cannot be waived. The court keeps discretion over child support and must state its own reasons when it incorporates a deviating agreement.
Authority
- N.Y. Dom. Rel. Law sec. 240(1-b)(h) Statute
In the event that such agreement or stipulation deviates from the basic child support obligation, the agreement or stipulation must specify the amount that such basic child support obligation would have been and the reason or reasons that such agreement or stipulation does not provide for payment of that amount. Such provision may not be waived by either party or counsel. ... The court shall, however, retain discretion with respect to child support pursuant to this section.
One parent enrols the child in daycare, an activity or a private school without the other's agreement. Must the other parent pay a share?
New York: Child care share limited to work or education related cost
Statute: N.Y. Dom. Rel. Law sec. 240(1-b)(c)(4), (6), (7)
Child care is prorated by income where the custodial parent incurs it because of work, or because of education or training the court finds will lead to employment; care while the custodial parent is seeking work may be apportioned at the court's discretion. Private, special or enriched education is a separate award the court may make where it finds that appropriate in the child's best interests and as justice requires.
Authority
- N.Y. Dom. Rel. Law sec. 240(1-b)(c)(4), (6), (7) Statute
Where the custodial parent is working, or receiving elementary or secondary education, or higher education or vocational training which the court determines will lead to employment, and incurs child care expenses as a result thereof, the court shall determine reasonable child care expenses and such child care expenses, where incurred, shall be prorated in the same proportion as each parent's income is to the combined parental income. ... Where the court determines that the custodial parent is seeking work and incurs child care expenses as a result thereof, the court may determine reasonable child care expenses and may apportion the same between the custodial and non-custodial parent. ... Where the court determines, having regard for the circumstances of the case and of the respective parties and in the best interests of the child, and as justice requires, that the present or future provision of post-secondary, private, special, or enriched education for the child is appropriate, the court may award educational expenses.
How this was checked
Every citation here was checked against the primary source rather than a summary. U.S. Supreme Court quotes come from the official United States Reports PDFs published by the Library of Congress, and the reporter page shown is the page the quoted words actually print on. State case quotes come from the Caselaw Access Project's page-anchored text of the official reporter. Statutes and regulations are quoted from the issuing legislature's or agency's own site. Quotes are normalised to plain ASCII, which changes punctuation only, never words. Holdings are distinguished from dicta and from concurrences and dissents, which bind nobody, and contrary authority is included and labelled. Not yet reviewed is NOT a finding: it means nobody has read that jurisdiction's law for this question yet, and such a row carries no claim at all. No authority found is a different and weaker statement: a search was run and turned up nothing on point, which is not proof that nothing exists.
Dataset last reviewed 2026-10-17.