What are the Different Types of Child Custody in New York State?
The legal definition of child custody is much more complex than you may imagine. There are different types of custody. When we think of custody, we generally think of residential custody or with which parent the child lives. However, a parent who does not spend the majority of time with their children can still be said to have custody of the child. Hence, joint custody arrangements. In this article, the Rockland County child custody attorneys at the Law Office of Robert S. Sunshine will discuss child custody in New York State as well as some basic definitions to know as you begin your child custody case.
Understanding physical custody in New York State
Physical custody, which is often referred to as residential custody, is the term that most individuals associate with child custody. A parent who has physical custody of a child has power over where the child resides. In addition, physical custody comes with certain responsibilities. Having physical custody makes a parent accountable for the child’s care and well-being. Further, it holds them responsible for providing a stable home environment for the child.
Understanding legal custody in New York State
Legal custody is a different concept from physical custody. In New York State, legal custody refers to the right to make decisions on the child’s behalf. This includes decisions regarding the child’s education, religious upbringing, medical care, and other legal aspects of the child’s life.
It’s important to note that if one parent has sole physical custody over a child, the other parent may still have legal custody. In other words, one type of custody does not diminish the other parent’s custody rights. The noncustodial parent still has a right to make choices on the child’s behalf.
Understanding joint child custody in New York State
Joint custody refers to a situation where the children split time among the parents. Both parents have equal physical and legal custody rights over the child. Joint physical custody includes the child spending part of their time living with each parent. A judge will award joint physical custody to both parents when they determine that it’s in the best interests of the child.
Joint custody requires that both parents are on the same page when it comes to rearing their children. Each parent must be willing to co-parent successfully with the other parent.
Understanding visitation rights in New York State
Parents who do not have physical custody of their children are entitled to visitation or “parenting time” as a means of maintaining their bond with the child. Visitation can likewise be requested by the child’s grandparents or siblings. Visitation in New York includes:
- Unsupervised visitation
- Supervised visitation
- Therapeutic visitation
The courts can also require a parent with visitation rights to pick up or hand off the child at a neutral location. The exchange can be monitored. Being a parent does not guarantee an individual will be awarded visitation. A judge may determine it is not in the best interests of the child to grant visitation with the parent.
Talk to a Rockland County, NY Child Custody Attorney Today
The Law Office of Robert S. Sunshine represents the interests of New York residents going through a divorce. Call our Rockland County family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
