Divorce is never simple for children, and the courts of law will always consider their overall best interests when passing judgments pertaining to child custody and visitation rights. Legal custody refers to the decision-making ability over the child’s health and education. When it comes to the term “custody,” it is the legal responsibility for the care of the child. Physical custody, also known as a residency, provides for the home of the child, where he/she will live.
Ronald Phillips New York – What are the two types of legal custody
Ronald Phillips is an eminent divorce lawyer from New York with expertise in all areas of family law. He is a widely respected lawyer with a proven track record in divorce cases.
According to Ronald Phillips New York, there are two types of legal custody, and they are-
- Sole custody- Here, the custodial parent makes decisions about the child. The non-custodial parent will receive information about the education and health of the child, but he/she does not have the right to make decisions on behalf of the child.
- Joint custody- This implies both parents, and sometimes, the caregivers of the child, share the legal authority to make decisions on behalf of the child and about the child. With joint custody, the parents should have good lines of communication so that they keep the other informed about the needs of the child so that they can make decisions together.
Other factors for you to note in child support cases in New York
- Decision-making rights are not the same as where the child resides, nor does it refer to visitation.
- New York courts use different phrases like “primary placement” “physical custody” to describe the place where the child lives. There are other phrases like “secondary placement” and “visitation” for describing the parenting time that the other parent is entitled to have.
- The court fixes the schedule that suits both the child and parents when it comes to visitation schedules. The court also has the choice to keep the visitation as per the parents’ agreement for the child’s overall welfare or the children involved.
When it comes to visitation rights, either parent, half-siblings, grandparents, or siblings can ask for it. The court will always determine whether the visitation is in the child’s best interests or not.
According to Ronald Phillips New York, the parent is entitled to meaningful and frequent visitation rights unless it is harmful to the child. Anyone can visit the Family Court and file a petition for visitation or child custody in divorce cases in New York.
The parent who files the petition should explain the reason why he/she should have custody of the child. Both parents mentioned in the petition have a right to a legal attorney. If the custodian or the parent cannot afford an attorney, the Family Court will assign one to them. This request for custody can start when the parent files a suit for divorce in court. An attorney will also be assigned to the child, and he/she will often meet the child and parents of the child for the case.
