Frequently Asked Questions

What are the types of custody?
In New York, there are two types of child custody that may be awarded by the court.  They are physical custody and legal custody.  Physical custody refers to where the child will live on a daily basis.  Legal custody is the right to make decisions on behalf of the child. 

How is child custody determined in New York?
In all child custody cases, New York courts must evaluate certain factors before awarding physical and/or legal custody to any person.  Some factors the courts will consider in a child custody case are:  the income of both parents, the home environment of both parents, the current custodial arrangement and its’ duration, and the ability of each parent to provide the child with emotional support.  In some cases, the court may take the child’s preference into consideration.

What is joint custody?
Joint custody is when the parents share legal and/or physical custody of the child.  Joint physical custody means that the child will live with each parent for a set length of time.  Joint legal custody means that both parents are responsible for making major decisions regarding the child.

Can a child choose who they want to live with?
No, a child cannot choose which parent they want to live with.  However, the court will take the child’s preference into consideration if they are a certain age (usually 12 and above) when they award custody. 

Are mothers more likely than fathers to receive custody of the child?
In the past, courts were more likely to award child custody to the mother, who was typically considered the primary care giver.  Today, courts consider what will be in the child’s best interest, regardless of the parents’ genders.  This means that both the mother and the father can be awarded physical and/or legal child custody.

What is visitation?
When a parent is awarded sole physical custody of a child, they are considered the “custodial” parent.  The “non-custodial” parent, the parent without sole physical custody, may be awarded visitation rights.  Visitation rights allow the non-custodial parent to maintain his/her relationship with the child through scheduled visits.  These visits may be supervised or unsupervised, as determined by the court.  The court may also award visitation rights to grandparents. 

Contact us about your legal matter today!