Carton & Rosoff PC-Attorney at Law

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Know the basics about child custody issues in New York

When a married couple in New York has children together and decides to get a divorce, emotions can get the better of all involved. After all, for most people with kids, their children are of paramount concern in their lives. Even with a divorce, parents want what is best for their children. That is why it is important for New York residents to know the basics about child custody legal issues.

For starters, there are two aspects of custody: physical custody and legal custody. Physical custody refers to where a child will actually spend time and live. Legal custody refers to who will have the right to make important decisions that will impact the child's life, such as where the child will attend school or church, or even which extracurricular activities a child will participate in. In a divorce involving child custody issues, the ultimate divorce decree will address both physical and legal custody. How a court addresses these issues is usually up for debate.

In many cases, the court will order joint custody on both legal and physical custody. This typically means that the child will spend an equal amount of time with each parent, and that each parent will have input on important decisions that affect the child. However, there are some situations in which joint custody is deemed not to be in the "best interests of the child." In such cases, one of the parents may be awarded "sole" custody for either physical or legal custody.

Courts in New York will take a wide variety of factors into account when making these oftentimes life-altering decisions. Parents in New York who are going through a divorce would likely benefit from getting more information about the legal factors and options in their own unique cases.

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