For parents who are going through a divorce, child custody is often one of the most important issues that will need to be addressed. However, these matters may also affect unmarried parents, and when a couple separates, or in situations where parents were never together in a long-term relationship, they will need to determine how they will handle issues related to their children. It is important to understand exactly what is meant by the term "child custody," and this will ensure that parents know about their rights and responsibilities and the steps they can take to protect their children's best interests.
Child Custody and Visitation
As in most states, New York courts will address two separate issues related to custody of children, and these are commonly referred to as legal custody and physical custody. Legal custody refers to the rights and responsibilities of parents to make decisions about their child's welfare, and this includes matters such as education, medical care, and participation in religious services or activities. In New York, courts will generally presume that it is in a child's best interests to have both parents involved in these decisions, and they will typically award joint legal custody. However, there may be some situations where it will be more appropriate for one parent to have primary or sole legal custody, such as when the other parent has not been involved in making decisions related to their children or has been absent from their lives.
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