Types of Child Custody in New York
Child Custody Laws in New York define custody as LEGAL custody and PHYSICAL custody.
- Legal custody generally describes the ability to make important decisions about the child(ren)
- Physical custody generally describes where does the child reside more than 51% of the time.
What Is Legal Custody of a Child?
Legal custody of your child is a big deal. It’ll impact you and your child’s life until they are 18 years old, and you’ll want a skilled attorney representing your requests for custody to ensure that your legal custodial rights are protected and defined to your satisfaction.
Sole legal custody is where one parent has the sole decision making authority to determine all major issues as it relates to the child(ren). The sole legal parent may not be required to provide any prior notice to the other parent prior to making any major decisions that relate to the child(ren).
Joint legal custody generally provides parents with equal decision making authority relating to major decisions of the child(ren), and provides equal rights accessing the child(ren)’s educational and medical records, and signing off on obtaining/renewing any passports for the child(ren).
What is Final Decision Making Authority?
Final Decision Making authority is the mechanism implemented when two parents cannot unanimously agree upon a major decision relating to the needs of the child(ren). Either one parent could have the final decision making authority, or a third party professional can be an influential “tie-breaker” or the court could have final decision making authority.
What Is Physical Custody of a Child?
Physical custody is generally defined as where the child resides more than 51% of the time. That parent is entitled to receive statutory child support.
How Is Child Custody Determined in New York?
When there is a child custody dispute in New York, it is determined by a multitude of factors. The primary influence being the “best interests of the child(ren)”. In order to determine the best interests of the children, the Courts use several factors, where the children have previously resided, the ages of the child(ren), the wishes and desires of the child(ren), the parent’s anticipated living arrangements, either parent’s ability to co-parent and encourage positive relationships with the other parent plus other factors.