What is child custody?

There are two types of child custody for minor children under age eighteen (18): legal custody and physical custody, and it is important to know the difference. In New York Family Courts, custody determinations are made based upon the best interests of the child. The Court will weigh all the facts and circumstances of the matter to make this determination. 

What is legal custody?

Legal custody is the right to make decisions on behalf of the child, typically involving medical, educational and religious decision-making, as well as the general well-being of the child. There are usually three different options for legal custody. First, joint legal custody is when the parents continue to co-parent to make mutual decision regarding the child. Next, if the parents are unable to co-parent, or other circumstances exist, sole legal custody may be awarded to only one parent to make these decisions for the children. Finally, there is a hybrid option referred to as joint legal with final decision making authority. This option requires the parents to continue to communicate regarding medical, educational, religious and general well-being of the children, and if the parents cannot come to an agreement on a decision, one parent will be vested with the authority to make that decision, or have final say. 

What is physical custody?

Physical custody is defined as where the child will reside. This is also referred to as visitation, or more modernly, parenting time. It is possible to have shared physical custody, wherein the parents have an equal amount of parenting time. It is also possible that the circumstances require one parent to have primary physical custody, and the other parent, referred to as the noncustodial parent, would have a schedule of parenting time. Physical custody and parenting time schedules can vary from family to family. It is important for your attorney to know what type of schedule would meet your families individual needs. Often, you will want to consider employment schedules, school and camp schedules, as well as the extra-curricular commitments of the children. Unfortunately, there may also be safety concerns regarding domestic violence, alcohol or substance abuse or untreated mental health issues that can impact a custody schedule. If you have safety concerns regarding the other parent, you should speak to an attorney about how they may impact your case.

What is supervised parenting time?

When there is a safety concern regarding one parent, their parenting time may be supervised for a period of time. Supervised parenting time means a third party will be present at the other party’s parenting time to deter any unsafe behaviors that may negatively impact the child. Supervisors can vary depending on the facts and circumstances of the case.