For divorcing parents, child custody is often one of the most difficult and emotional issues to navigate during the process of ending their marriage. Courts in New York always put the best interests of the child first when making decisions about custody. As a result, there are several types of custody arrangements that may be used based on a family's circumstances, the specific needs of the children, and other issues that may affect the children's best interests. By understanding the issues addressed in these cases and the different types of child custody arrangements that may be available, parents can make an informed decision about how to proceed during the divorce process.
Legal vs. Physical Custody
One distinction to be aware of when considering a child custody arrangement is the difference between legal and physical custody. Legal custody involves the parents' rights and responsibilities to make important decisions about children's upbringing, and it addresses issues such as medical treatment and other health concerns, educational matters, and religious practices. Physical custody will address where the children will live and when they will spend time with each parent. A parent will generally have the right and responsibility to make day-to-day decisions about issues related to children's health and safety when the children are living or staying with them.
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