Child custody is often one of the most emotional and contentious issues in a divorce or when parents who are not married part ways. Custody matters concern where the child will live and who will be responsible for making crucial decisions concerning their upbringing. When dealing with a custody matter, it’s vital to understand the different types of child custody — and it’s essential to ensure your child’s best interests are always at the forefront when deciding these matters.
A child custody order specifies who is responsible for the child’s care and how they are raised. A New York court has the authority to make custody determinations until a child is 18 years old. In New York, custody is broken down into two different types of child custody, including the following:
Both types of child custody can be joint and belong to both parents, or it can be sole — which means only one parent would have a say in the matter. When physical custody is joint, the child will live with each parent for an equal amount of time. If physical custody is sole, the child will live with one parent a majority of the time and the other parent would have visitation rights.
The different types of child custody can be decided in two ways in New York. The parents can reach an agreement outside of court or a judge can determine the matter based on the best interests of the child. While it’s always best for parents to create a custody agreement without judicial intervention, it may not be possible in cases where either co-parent refuses to cooperate, or in cases involving abuse.
Parents don’t need to go through the litigation process to determine custody. They can work together, or with the help of a mediator, to create a custody plan that will work for them and their child. Whenever possible, it is more beneficial to settle custody matters as parents are in the best position to know what type of agreement will help their child thrive. In addition, settling out of court can put less strain on a co-parenting relationship.
Once parents reach an agreement regarding custody, the document must be submitted to the court to become a binding order. A custody agreement is not legally enforceable unless it has been signed by a judge.
In order for a judge to decide custody, a court would first have to determine it has jurisdiction over the case. For a New York court to have authority to decide a child custody matter, the child must have lived in the state for at least the past six months, and there must be no existing custody order that was issued by another state. A New York court would also have jurisdiction if the child was residing in the state after an emergency in their home state or a previous custody order was issued from New York.
Once the court has determined it has jurisdiction to hear the custody issue, the judge will apply the “best interests of the child” standard to decide the outcome and issue a court order. The factors a court will evaluate can include the following:
In cases where a child is deemed mature enough, their preference to live with one parent over the other may also be taken into consideration. The older the child is, the more weight will be given to their wishes.
If you are facing a child custody matter, it’s critical to have a skillful family law attorney by your side who can advise you regarding the different types of child custody — and ensure the best interests of your child are met. At Duke Law Firm, P.C., we are committed to providing our clients with trusted representation for a wide variety of family law matters, including those involving custody. Offering personalized legal services and compassionate counsel, we welcome you to contact us today to schedule a consultation to learn how we can help.
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