Types of Child Custody In New York

Watch the following educational legal video by New York Divorce & Family Law Attorney Jennifer Arditi as she explains the different types of child custody in New York.

New York recognizes two different kinds of custody, and most people actually confuse the two. One is legal custody and the other is physical custody. Legal custody applies to the decision-making process regarding issues that affect a child. Sole legal custody gives one parent the right to make all such decisions with no obligation to consult the other. Joint legal custody is a collaborative process involving both parents under which they consult with each other regarding major decisions concerning their child. Joint residential custody is a plan under which the child will share almost equal time between the two parents’ homes, and sole physical custody designates one parent’s home as the child’s residence.

Joint legal custody can be managed by two cooperative parents, even when one parent has sole physical custody because it is important for the child’s home to be designated. In such circumstances, joint residential custody can work successfully only if the parents are able to get along together well enough to collaborate in making decisions that serve the child’s best interest because it’s a rather unique situation to split a child’s residence between two homes.

Whether the issue is a divorce, spousal support, child custody and support, or domestic violence, we have the experience to guide you. Contact us today to schedule a free and confidential consultation at our office in the Maspeth neighborhood of Queens.


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