As you begin the custody process in New York, you probably have many questions. You may be surprised to learn that there are two types of custody: legal custody and physical custody.
New York law defines legal custody as the right to make major decisions about your child. There is no specific definition of major decisions. However, they typically include decisions involving education, healthcare and religion.
Joint and sole legal custody
Parents are commonly awarded joint legal custody. This means both parents have an equal right to make these major decisions for a child.
Joint legal custody requires you and your co-parent to work together to make these decisions. Having joint legal custody means you and your co-parent must be able to communicate effectively and cooperate with one another.
Sole legal custody gives one parent the ability to make these decisions without agreement by the other parent. Only certain situations support a grant of sole legal custody, such as the other parent being unavailable.
Shared and primary physical custody
Physical custody means who the child lives with and when. Shared physical custody is generally assumed to be in a child’s best interest, which is the standard a court uses to make custody decisions.
Shared physical custody means the child lives with you and your co-parent for an equal amount of time. Your shared physical custody schedule can take various forms. You can share custody on a week on/week off basis, a “2/2/3” schedule or any other schedule that provides you both with equal time with your child.
Physical custody can also involve one parent having primary physical custody with the other parent receiving partial physical custody. The parent with primary physical custody has the child more than 50% of the time.
How a court decides custody
A court examines several factors when determining legal and physical custody. Some include each parent’s living situation, their ability to care for the child and any history of abuse. The goal is to achieve a legal and physical custody arrangement that provides stability for a child and keeps their best interest in mind.