Types of Child Custody in New York
Understand what the different types of child custody agreements are in New York.
Getting You Through Your Child Custody Case
Of all the areas in family law, child custody cases tend to be the most sensitive. When parents divorce or separate and they have disputes about what is in their child’s best interest, the courts intervene. This can often turn an uncontested divorce into a contested divorce, and an attorney is invaluable in sorting these issues out. As a parent, you want to make sure that your child is protected. Having a skilled New York child custody attorney can make a world of difference in the outcome of your case. At Brian D. Perskin & Associates P.C., we aim to help our clients fight for their child’s best interest.
At our firm, we take on cases and legal matters throughout New York, Brooklyn, Queens, Bronx, and Manhattan. No matter how complex or difficult your divorce may seem, a New York City child custody lawyer at our firm can help. We understand what you are going through and will provide you with the legal support and representation you need in order to work out the child custody and child support issues you are facing.
Types of Child Custody in New York
In New York there are four different types of child custody agreements available. The courts understand that every family’s situation is unique, so it’s important to understand what the different types of custody are so you can choose an agreement that works best for you and your family.
Joint or Shared Custody: Parents who don’t live together have joint custody (also called “Shared Custody”) when they share the decision-making responsibilities for, and/or physical control and custody of, their children.
Legal Custody: Refers to the child’s lifestyle. Religious, medical, and educational decisions are made by the legal custodian(s). Legal custody can be granted to one or both parents.
Physical Custody: Refers to where the child lives. One parent may have sole physical custody, and the other may have visitation rights. Or, both parents may have physical custody, which means the child lives with each parent half of the time.
Sole Custody: One parent can have either sole legal custody or sole physical custody of a child.
Every Child Custody Agreement is Determined Based on the Best Interests of the Child
The issue of child custody is the most common dispute in family court. As should be expected, parents are extremely concerned with the safety, education, and overall well being of their children.
Custody decisions become even more difficult following a divorce or breakup, as parents tend to be distrustful of each other at these times. Regardless of the state of affairs between the parents, judges will always decide custody based on “the best interests of the child.” When a child custody case is brought to the court, the court will try to accommodate the best interest of the child and choose the environment that offers the most stability. Some factors courts will take into consideration in a child custody case are:
The court may also conduct a Child Custody Evaluation. An evaluation usually consists of interviews, psychological exams, and analysis of the children, and perhaps the parents. The court has the ability to deny a parent’s request for an evaluation. Parents may be liable for the cost of the evaluation.
Our experienced team of attorneys knows how contentious child custody cases can be. We also know that the best solution is usually a decision that is agreed upon by both parents and the child. By providing you with up to date legal knowledge and the best advice possible, your lawyer at our firm can make the custody decisions much easier for you and your family to make. For more information on representation and fighting for your rights as a parent, contact a New York child custody lawyer from our firm today.
Frequently Asked Questions
There are four types of child custody in New York; joint, legal, physical, or sole custody. Learn More
The custodial parent has primary physical custody and the non-custodial parent doesn’t have primary physical custody, but can still have legal custody. Learn More
Hiring a Child Custody Attorney You Can Count On
At Brian D. Perskin & Associates P.C. we know how difficult facing a custody case can be. Let us guide you through your case and help you reach an agreement you can be confident in.