When it comes to parenting after the breakdown of a relationship, the most important thing to remember is that your relationship needs to remain civil for the best interests of your shared child(ren). Foremost in your mind should be the thought that you and your ex-partner’s relationship dynamic will shape the way your child will view relationship dynamics in their own lives.
Ex-partners who appear friendly, or are at least civil with one another (even if they don’t mean it), will remind their shared child that, even though their parents may not be together, they can still work together. That is the essence of co-parenting and the key to a successful joint custody arrangement.
Joint custody is essential for parents who want to collaborate effectively in raising their children despite living separately. A clear grasp of both your rights and responsibilities helps maintain stability and harmony for your child’s upbringing.
If you’re navigating custody arrangements in New York, consulting with a skilled New York child custody lawyer can provide significant benefits. The Law Office of Ryan Besinque can assist parents in understanding their options and offer guidance through legal proceedings. Our team is dedicated to helping you achieve a resolution that respects the interests of all involved, especially the well-being of your child or children. Contact us today at (929) 251-4477 to schedule a consultation.
What Does Custody Mean?
Custody refers to the legal rights and responsibilities a person holds regarding the care and upbringing of a child. Typically addressed in a legal setting, custody can be granted to one or both of the child’s parents, or in some cases, to another individual deemed suitable by the court.
In the context of family law, particularly in New York, custody is determined by what is considered the “best interest of the child.” This principle aims to ensure the child’s well-being is prioritized in all custody decisions. Courts look at various factors to decide what will best serve the child’s needs and future development.
Custody is comprised of two main types: legal custody and physical custody. It’s important to note that without a specific court order, both parents generally retain equal rights to both legal and physical custody of the child. Custody arrangements are subject to change until the child reaches the age of 18, at which point they are considered an adult under New York law.
Recognizing these distinctions and their potential impact on the family dynamic is crucial for parents navigating custody arrangements and striving to provide the best possible environment for their child. Consulting a New York child custody lawyer can further clarify the various custody arrangements and offer tailored guidance.
Physical Custody
Physical custody is simply who the child will be with, and when. Residential custody is a specific term related to physical custody that identifies that the child primarily lives with one of their parents and visits the other. Shared physical custody means the child splits their time between parents’ homes, typically equally or very close to it.
Another term you may have heard is custodial and non-custodial parents. The parent with whom the child spends most of the time is deemed the custodial parent, and the other parent exercising visitation would be called the non-custodial parent. Physical custody is straightforward in that it is relative to who has the child and how much of the time. In terms of visitation or parenting time schedules, the arrangements can be as simple as every other weekend or more detailed, including holidays, school breaks, birthdays, mid-week visits, and vacation time.
Legal Custody
Legal custody relates to which parent will make the significant decisions affecting a child’s health, education, religion, and general welfare. Legal custody is about major decisions: will a child have a surgery or not, where the child will go to school, will they undergo religious rites of passage? Minor decisions like what the child will wear, eat for breakfast, or who they will see after school are typically “day-to-day” decisions related to physical custody and made by the parent on duty that day.
| Custody Type | Definition |
|---|---|
| Physical Custody | Refers to who the child will be with, and when. It determines where the child primarily lives and the visitation schedule. Residential Custody indicates that the child primarily lives with one parent and visits the other. Shared Physical Custody means the child splits their time between parents’ homes, usually equally or close to it. |
| Legal Custody | Relates to which parent will make major decisions affecting the child’s health, education, religion, and general welfare. It involves important choices like medical treatments, school selection, and religious practices. Joint Legal Custody means both parents share decision-making responsibilities. Sole Legal Custody grants one parent the authority to make major decisions, possibly considering the input of the other parent. |
What Does Joint Custody Mean?
Joint custody means both parents share legal and/or physical custody of a child after separation or divorce. Legal custody involves decision-making authority, while physical custody refers to where the child lives. Courts typically award joint custody when both parents can cooperate in the child’s best interest.
You may have come across terms like legal decision-making, consultation rights, or spheres of influence when discussing custody. These typically relate to the legal custody aspect. In most cases, joint custody refers to joint legal custody, where both parents are expected to make important decisions, such as those involving education, healthcare, or religion, together, regardless of how parenting time is divided.
In a sole legal custody arrangement, one parent has the authority to make major decisions without needing to reach an agreement with the other. While the non-custodial parent’s input may be considered, it is not required.
Is Joint Custody Right for You?
Joint legal custody is typically appropriate when parents can effectively communicate and cooperate. In other words, the relationship between parents must be conducive for successful co-parenting and acquiring joint legal custody. I often use the example that joint legal custody will succeed for those parents who can sit down for a cup of coffee to discuss any issues related to the child that might need discussing. If coffee isn’t your thing, a simple email to exchange ideas/schedules/updates will do just fine.
Joint legal custody is often inappropriate in situations where there is consistent conflict or disagreement between parents. Oftentimes, the past is the biggest roadblock preventing ex-partners from being able to move forward as co-parents after their relationship breaks down. I’m reminded of a quote by the great Kirk Franklin: “There’s a reason the windshield is so much larger than the rearview mirror, where you’re going and what’s in front of you is much more important than what’s behind.” You must try not to let what happened between you in the past rob you of the opportunity to raise your child as co-parents, to guide them down a road paved with happiness and success.
Moreover, joint legal custody or co-parenting may be unsuitable in some cases. This includes the presence of domestic violence, child abuse or neglect, mental health issues, or substance abuse. Even if you and your ex-partner are not affected by such issues, the relationship between you and your ex may still be inappropriate for joint legal custody unless you are both able to commit to the keys of co-parenting.
It is essential to seek guidance from a qualified New York child custody attorney to discuss the unique aspects of your situation before making decisions.
Is Joint Custody Possible if the Parents Live in Different Cities or States?
Joint custody is possible even if parents live in different cities or states, but courts must determine that it serves the child’s best interests. Parents must cooperate on major decisions and create a practical visitation schedule. Long distances may shift physical custody to one parent, while legal custody remains shared.
Do New York Courts Require an Agreement for Joint Custody?
New York courts do not automatically impose joint custody unless both parents agree that it is the best course of action or demonstrate a clear ability to cooperate in making decisions for their child. Courts generally favor joint custody when parents can show they can communicate effectively and work together without significant conflict. This ability to cooperate signals to the court that a joint custody arrangement may support the child’s best interests, which is the guiding standard in custody decisions.
However, if one parent objects to joint custody, the court will evaluate several factors to determine whether such an arrangement would still serve the child’s best interests. These factors include the parents’ communication skills, willingness to make shared decisions, the child’s needs, and the strength of each parent’s relationship with the child. If there is a history of high conflict, poor cooperation, or inability to make joint decisions, the court is unlikely to order joint custody.
Additionally, when there is a history of domestic violence, abuse, or extreme discord between the parents, courts typically find that joint custody would not be appropriate. Such circumstances are seen as potentially harmful to the child’s well-being.
While New York law supports joint custody when it benefits the child, the court must be convinced that the parents can act collaboratively and place the child’s needs above their own disputes. Each case is evaluated individually, always with a focus on promoting the child’s needs and welfare.
Getting the Help of a Skilled New York Child Custody Lawyer
This article is written for informational purposes only and should not be considered legal advice. Each family is unique, each case is different. If you find yourself in a situation involving custody issues it is often a good idea to consult with a Manhattan divorce attorney to discuss the unique aspects of your case before taking action. If you’re planning to move forward with Joint Legal Custody or intend to pursue Sole Legal Custody in Brooklyn, Bronx, Queens, Manhattan, Westchester County, or New York City, the attorneys at The Law Office of Ryan Besinque can help you with filing for your parenting plan. Contact us at (929) 251-4477 or email us at ryan@besinquelaw.com for a consultation.
