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 legal custody arrangement.
Understanding 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.
Understanding these distinctions and how they may impact the family dynamic is crucial for parents tackling custody arrangements and seeking to maintain 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 parent’s 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 to a complex schedule that includes 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?
By now, you may have heard legal phrases like consultation rights, decision-making, or maybe even spheres of influence, but what does joint custody mean, exactly?
Joint custody typically refers to the legal custody component and is referred to as joint legal custody. Joint legal custody means that the child’s parents will make major decisions together, regardless of the physical custody arrangement. Sole legal custody is its counterpart, entailing one parent to make the major decision alone, whether or not they consider the input of the other parent.
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.
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. Whether you want to move forward with Joint Legal Custody or are looking 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, PC 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.
