Until you are a parent yourself, you don’t really understand the immense responsibility of parenthood.
The tiny human in your care needs food, diapers, a safe place to sleep, and a million other things to ensure their physical comfort. But they also require all the love and support you can give.
As they grow older, they become less physically dependent on you, but you would still happily bend over backwards to meet their every need. And that doesn’t change… even if your relationship with their other parent does.
At Aiello & DiFalco LLP, we can help you understand the distinction between legal and physical custody so you and your child’s other parent can work together to make sure your child lives their best life possible.
What Is Physical Custody?
Physical custody — which is sometimes called residential custody — is the time you spend with your child. When you have physical custody of your child, you are responsible for their day-to-day care.
Family court judges on Long Island prefer to award joint physical custody so that both parents get to spend quality time with their children. However, this does not mean that your child will spend 50% of their time with you, and 50% of their time with their other parent.
Whatever arrangement is in the best interest of the child, and works best for your family as a whole, can be approved by the courts. Most couples prefer to negotiate a physical custody agreement outside of court and have it approved by the judge rather than letting a total stranger dictate where their child will live.
It is important to note that even if one parent has sole physical custody of a child, the other parent will typically have visitation rights. This gives the non-custodial parent time with their child, even if the child does not spend the night at their home.
What Is Legal Custody?
Legal custody is all about who gets to make important decisions on behalf of your child. It includes your right to have a say in their religion, education, recreational activities, and medical and dental care.
By separating legal custody from physical custody, New York policymakers are emphasizing the fact that making decisions about a child’s care and making sure their emotional and developmental needs are met is just as important as keeping a roof over their head.
Just like with physical custody, legal custody is typically shared. In fact, even if one parent has primary physical custody both parents will typically share legal custody. However, some families prefer a modified joint legal custody plan that gives the parent who has primary physical custody the power to make parenting decisions without consulting the child’s other parent out of convenience.
There are also times where the court will give sole legal custody to one parent, and deny the other parent legal custody. This happens in situations where the parent denied legal custody cannot fulfill their role as a parent due to imprisonment, severe health issues, drug or alcohol abuse, or a history of domestic violence or other forms of abuse.
Dedicated to You & Your Family in Your Time of Need
As you juggle all of the responsibilities of being a parent, the Aiello & DiFalco team has your back. Our experienced family law attorneys can help you negotiate a child custody agreement that ensures you get to spend quality time with your child, and have a say when important decisions about their future are made. Please contact us today to schedule a meeting.