Legal Custody in New York

Obtaining custody of your children during the process of divorce is one of the most important battles that can be fought. You want your children to have the best future possible, but you also want to be the one to provide that bright future. In New York, there are various forms of custody and it is important to distinguish the differences between them. Two parents could share joint custody of their children. This means that both parents maintain an equal right to legal and physical custody. Why distinguish between legal and physical custody? These two rights are actually very different. If the court awards you either sole or shared legal custody of your children, it means that you as a parent have the right to make decisions for the child. Physical custody deals primarily with where the children will live.

Legal custody is both a right and a responsibility not to be given lightly. Custody discussions during divorce mediation or family court hearings can often take the longest to resolve. The most basic factor that the legal custody debate boils down to is: “what is in the best interests of the child?” The court or mediator will evaluate a number of different factors as well as compare your circumstances and abilities to that of your former spouse. Your divorce agreement will reflect what the court viewed as the best arrangement for the child. Some individuals may attempt to arrange custody agreements outside of a legal context, but the main problem with these arrangements is that they are not court-enforceable.