Many parents are surprised that there are various types of child custody in New York. We will talk with you to determine the type of custody you need for the well-being of your child.
Physical Custody
Physical custody refers to the parent with which the child stays. If a parent receives sole physical custody, the child will live with the parent full time or most of the time. The non-custodial parent might get visitation rights, but the child’s home base will be with the parent who received full physical custody.
Legal Custody
Legal custody refers to the right to make decisions that impact the child. Examples include selecting a school, choosing (or not choosing) a church, and determining medical care. If a parent has sole legal custody, he or she makes all of these decisions without having to consider the input of the other parent.
Joint Custody
Joint custody is often awarded in New York. Joint custody means that both parents split legal and physical custody. Even with joint custody, it’s not unusual for the child to spend slightly more time with one parent. However, joint physical custody is usually close to 50-50.
Temporary Custody
An order for temporary custody is normally granted during the divorce proceedings. Divorces take time to finalize, so a temporary custody order is put in place to protect the child. Many parents ignore the importance of temporary custody orders. However, temporary custody orders are often used when determining permanent custody. For instance, if one parent gets sole custody during the divorce, he or she is more likely to get permanent custody afterward. The Cimino Law Firm helps our clients during this process as well to ensure they are on a sound footing as they move through the divorce proceedings.