The laws regarding custody are written to help determine the responsibilities of each parent in raising their child. The laws are very clear in their emphasis on granting custody rights that align with the best interest of the child.
Child custody is a very complex topic. Custody of a child can be given to one parent, both parents, another adult, or the child may become a ward of the state and assigned a guardian.
New York’s custody laws are split into two primary forms of custody: legal custody and physical custody.
Legal Custody: Legal custody refers to the right to make decisions regarding the child. Parents who are granted physical custody can make important decisions about the child’s health and other important aspects of their upbringing such as their schooling, religion, and housing.
Physical Custody: This custody refers to where the child resides and with which parent. If a parent is given physical custody they are responsible for the supervision of the child and handles their physical care.
A judge will hear both sides of the case. Once the judge has made a final decision they will grant a custody order to one or both parents. Here’s a breakdown of the different ways in which custody can be granted:
Sole Custody: When an individual has been granted sole custody of a child they alone are responsible for the physical care of a child and the decision-making regarding the child’s upbringing.
Joint Custody: A joint custody agreement divides custody of a child between two parents. They are equally responsible for the physical care and decision-making.
Temporary Custody: A temporary custody order is granted to prevent divorce proceedings from placing the child in danger or uprooting them as the proceedings drag on. They are put in place until a permanent custody agreement can be reached.
A custody lawyer will work with you to determine the best way forward in your case. They will ask questions to get a full picture of the situation and will consider your best possible outcome whether it’s full custody or joint custody. Additionally, a custody lawyer will give you insights into what a judge will consider the strengths and weaknesses of your case.