Tuesday, June 14, 2011

New York Child Custody and Visitation-FAQ | Child Joint Custody

NY has, understandably, a huge number of child custody disputes between parents whose relationship has broken down irretrievably.

Q. What is custody?

A. There are two parts to custody. One is the right and responsibility to make decisions for a child (legal custody). The other is where a child will live (residential or physical custody).

new-york-child-custody
Read also New York state child support laws.
Q. How old does a child have to be before a New York court can’t make orders about the child’s custody and visitation?

A. Eighteen.

Q. What is the difference between joint custody and sole custody?

A. In joint custody, the parents make major decisions about the child together – decisions about education, health, and religion, for example. The smaller, day-to-day decisions in joint custody are made by the parent who is physically caring for the child at the time. In sole custody, just one parent has the right to make the major decisions.

Q. In awarding custody, do New York courts favor mothers more than fathers or fathers more than mothers?

A. No. Today’s courts do not favor either parent more than the other. The law says a custody award is based on what’s best for the child.

new-york-child-custody1