Types of Child Custody in New York
If you are going through a divorce and there are children involved, you may be feeling nervous about the impending custody arrangements. With the help of an experienced New York family law attorney, this process will go smoothly, and you can set your anxiety aside. There are a couple different types of child custody in New York. A judge will make an informed decision based on what they think is best for the child.
Types of Child Custody in New York | Legal Custody
If one parent has legal custody, he or she is responsible for making major decisions pertaining to the child’s life, including those regarding education, religion, and health. However, courts will almost always award joint legal custody, except in cases where one parent poses a danger to the child.
Types of Child Custody in New York | Physical Custody
Physical custody means that the parent has the right to have his or her child reside with him or her. The court recognizes that it is in the best interests of a child’s development and emotional wellbeing to have a relationship with both parents. Fifty-fifty custody is not often possible, however. The proximity of one residence to a school, or one parent’s available time for taking care of a child, and even the differences in the relationship between the child and each of his or her parents, can determine who gets primary custody. So, in most cases, one parent will be the custodial parent and the other will be the non-custodial parent, or parent of alternate residence, enjoying visitation rights according to a schedule set down in the divorce agreement or court order.
Are you looking for a dependable New York family law attorney to help you with your child custody arrangement? Please call our Buffalo office today to get a free consultation.