US-New YorkCan a court order joint custody if the parents don't agree to it?
Yes, a New York court can order joint custody even if one or both parents disagree, if it finds that joint custody is in the child’s best interests.
What the Law Says
New York law does not require parental agreement to award joint custody. Courts decide custody based solely on the child’s best interests — and may award joint legal custody, joint physical custody, or a combination, regardless of whether parents consent.
New York Domestic Relations Law (DRL) § 70(1) states that 'the court shall determine custody in accordance with the best interests of the child.' There is no statutory requirement that parents agree before joint custody can be ordered.
DRL § 70(1) further clarifies that 'joint custody means joint legal custody, joint physical custody, or both,' and the court may award either form after considering factors like the parents’ ability to cooperate, the child’s needs, and history of caregiving.
Importantly, New York law does not presume that joint custody is in the child’s best interest — nor does it presume sole custody. The decision rests entirely on evidence presented at trial or hearing.
Statutory TextThe court shall determine custody in accordance with the best interests of the child.
— Domestic Relations Law § 70(1) — Custody determination
Statutory TextJoint custody means joint legal custody, joint physical custody, or both.
— Domestic Relations Law § 70(1) — Custody determination
What Courts Have Said
New York appellate courts have consistently held that parental disagreement alone does not bar joint custody — the focus remains strictly on the child’s best interests.
The court affirmed joint legal custody despite one parent’s objection, finding sufficient evidence of the parents’ ability to communicate about education and health matters.
Reversed a lower court’s refusal to consider joint custody solely because parents disagreed; emphasized that disagreement is just one factor among many under the best-interests analysis.
What to Do
Gather evidence showing your ability to cooperate on major decisions (e.g., school records, emails about medical care)
Prepare testimony or affidavits addressing the child’s routine, each parent’s involvement, and communication history
Request a custody evaluation if cooperation is disputed — evaluators assess parental capacity and child’s needs
Argue specific best-interests factors (e.g., stability, sibling relationships, parental fitness), not just preference for joint custody
Be prepared to explain how joint custody would work practically — courts reject vague proposals
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.