Physical custody in New York refers to the arrangement where a child resides on a day-to-day basis. While legal custody addresses who makes important decisions, physical custody determines which parent provides the child’s primary home. Courts may award sole physical custody to one parent or arrange shared parenting time, depending on the child’s best interests.
At Aiello & DiFalco in Garden City, we help parents understand their options, create balanced parenting schedules, and protect their children’s well-being. Contact us today to discuss your custody matter.
What Does Physical Custody Mean?
When parents separate or divorce, physical custody is often one of the most critical issues to resolve. Physical custody establishes the child’s primary residence and daily routine. In many cases, one parent is awarded primary physical custody, and the other parent receives parenting time (sometimes called visitation).
New York also recognizes shared physical custody, sometimes referred to as “50/50 custody.” In this arrangement, children divide their time between both parents’ households more evenly. Courts are open to shared physical custody when it is logistically feasible and in the child’s best interests, although it requires a high degree of cooperation.
Above all, judges evaluate physical custody through the lens of the child’s best interests. Stability, parental involvement, and the ability to meet the child’s needs are central to every decision.
Sole vs. Shared Physical Custody
Sole Physical Custody
- The child resides primarily with one parent.
- The other parent may have scheduled parenting time or visitation.
- Works best when one parent provides a more stable environment, or when the distance between parents makes frequent exchanges difficult.
Shared Physical Custody
- Children spend a significant amount of time, often nearly equal, in both parents’ homes.
- Requires detailed scheduling to account for school, extracurriculars, and work commitments.
- Courts consider whether parents can cooperate and live close enough to make this arrangement feasible.
Both approaches can provide children with meaningful relationships with both parents, but the right choice depends on the family’s unique circumstances.
Factors Courts Consider in Physical Custody Decisions
New York courts do not automatically favor one parent over the other. Instead, they weigh multiple factors, including:
- Stability of each home environment (housing, routines, community ties)
- Parental availability to provide daily care
- Child’s school and educational needs
- Sibling relationships and the importance of keeping siblings together
- Each parent’s willingness to foster a relationship with the other parent
- History of conflict or safety concerns
For Garden City families, practical considerations such as commuting distance to schools in Nassau County or the surrounding area may also influence the structure of a custody arrangement.
How Aiello & DiFalco Helps Garden City Families
At Aiello & DiFalco, we understand that decisions regarding physical custody can be overwhelming. From our Garden City office, we work closely with parents to find solutions that prioritize children’s needs while upholding parental rights.
Our attorneys assist with:
- Creating parenting schedules tailored to your child’s needs and your family’s routine
- Negotiating custody arrangements through mediation or direct discussions, whenever possible
- Litigating custody disputes when parents cannot agree, and court intervention is necessary
- Enforcing or modifying custody orders if circumstances change or one parent fails to comply
We also help parents anticipate common challenges—such as school transitions, extracurricular conflicts, or holiday schedules—so that parenting plans are comprehensive and realistic.
Because we regularly appear in Nassau County and Long Island family courts, we bring local knowledge to each case. That insight helps us provide strategic advice on what courts in Garden City and nearby communities may find persuasive.
Practical Tips for Parents Considering Physical Custody
- Be realistic about schedules. Select an arrangement that suits your child’s daily routine and minimizes unnecessary stress.
- Prioritize consistency. Stable bedtimes, school routines, and extracurriculars help children adjust to custody transitions.
- Communicate respectfully. Even when emotions run high, maintaining cooperative communication benefits your child.
- Document issues clearly. Keep records of missed visits, schedule changes, or concerns, which may be helpful if you need to seek modifications.
By staying focused on your child’s best interests, you can create a physical custody arrangement that works for your entire family.
Talk to Aiello & DiFalco About Physical Custody
Resolving physical custody is about ensuring your child thrives in a stable, supportive environment. At Aiello & DiFalco in Garden City, we provide personalized guidance to help parents reach fair, child-centered custody arrangements. Whether through careful negotiation or strong courtroom advocacy, we stand by your side at every stage of the process. Contact us today to arrange a confidential consultation.
