Physical Custody in New York

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Going through the process of divorce can often involve children. Determining which custody agreement works best for you and your children is likely one of the most important issues you and the court will decide in terms of your divorce agreement. Child custody must take into account what the best interests of the children are. This is the most basic determinative factor when deliberating a custody arrangement, but many other factors must be taken into account as well.

There are many different types of custody arrangements, but custody can be broken down into two basic forms: legal custody and physical custody. While legal custody deals with the rights of the parents to make decisions in their children’s lives, physical custody deals with where the children will live.

If joint physical custody is awarded or sole physical custody with visitation agreements, then there will likely be boundaries set for where the custodial parent can live. The court can enforce that the custodial parent (or both custodial parents) live within a reasonable range of each other in order to uncomplicated the children’s lives as well as make sharing custody and visitation easier. Physical custody is much more than simply where the children will live. It involves the responsibilities of the day-to-day lives of the children. If only one parent is awarded physical custody, then the other parent is deemed the “non-custodial parent.” In joint physical custody arrangements, both parents are said to be the custodial parents.


If you have physical custody of your children, either sole or joint, then there are responsibilities that you must carry out. Parents that do not follow through with the provisions of their custody agreements could lose part or all of their custody privileges. Parents who have sole physical custody must agree to comply with visitation agreements. Custodial parents who refuse to allow their children to visit with their other parent may face court-enforcement of their child custody agreement. Some custodial parents may be awarded child support payments by the other parent, even if the other parent maintains partial custody.

It is the responsibility of the custodial parent to track and keep a record of all child support payments so that documentation can be provided in the event of a dispute. Those parents who have joint physical custody of their children are required to inform the other parent if they intend to travel or leave the state with the children. Finally, another responsibility to keep in mind is the financial obligations that each custodial parent owes their children.


The New York child custody attorneys at Brian D. Perskin & Associates P.C. have years of experience dealing with these types of issues. Child custody issues, particularly physical custody issues, can be complex. You may be going through the process of divorce and fighting for sole physical custody or you may not have physical custody of your children but want to fight for that right. You may also need legal representation in order to enforce or modify your current child custody agreement.

The attorneys at our firm can assist in all of these types of scenarios. Whatever your concerns over physical custody, we can help. Please contact a New York child custody lawyer from the firm today to learn more!

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