What are different types of custody with family law and divorce?

On behalf of Cohen & Lombardo, P.C. • August 27, 2018

One of the most complicated issues related to family law and divorce in New York State is child custody. Not only is this difficult in a legal sense, but it can be an emotional roller coaster as well. As the decision is made to end a marriage, child custody will come to the forefront. Knowing the basics such as the difference between legal custody and physical custody is important when trying to sift through the options, come to an agreement, or choose to go to court. As with any family law matter, legal help is always beneficial.

When there is a custody order, the child's care will be decided upon. There are two separate parts to child custody. They are legal custody and physical custody. The best interests of the child are paramount regardless of the decision that is made. Without a court order, the parents will each share an equal level of rights with physical and legal custody.

With legal custody, that parent will have decision making authority regarding such issues as the child's medical care, religion that is adhered to, and schooling among other factors. With joint legal custody, the decisions regarding the child will be made by both parents together. The living arrangements are irrelevant. The parents are required to come to an agreement on the child and how he or she is raised. Should a parent be granted sole legal custody, all decisions will be made by that parent.

Physical custody (also referred to as residential custody) means that the parent with physical custody will be responsible for the child's care and will handle supervision. When there is joint physical custody, the child will reside with each parent equally. Should the judge award sole physical custody, the child will live with that parent more than half the time. The other parent will generally get visitation rights.

Because child custody can be one of the more difficult factors in a divorce case, it is critical to have legal assistance from the start. This is true if the case is contentious, amicable or somewhere in between. Calling a law firm that specializes in family law and divorce in New York State is one of the most important steps to take not just for the parents, but for the child too.

How retirement accounts are divided in NY divorces

By On behalf of Cohen & Lombardo, P.C. • March 23, 2020
Later life divorces come with unique challenges when it comes to asset division. Pursuing a divorce after many years of marriage is a daunting task, especially when concerns over your future finances might make you even more apprehensive. One of the common complications of asset division during such divorces involves retirement accounts and pension plans. Considering the factors that go…

5 reasons your estate plan may need updating

By On behalf of Cohen & Lombardo, P.C. • February 25, 2020
You’ve made the smart decision to create an estate plan early in life. If anything should happen to you, your family won’t have to make tough decisions or go through a difficult court process. Your plan can protect them from losing out on your income while transferring your assets smoothly. However, the circumstances of your life are not set in…

Why is forgiveness vital in divorce?

By On behalf of Cohen & Lombardo, P.C. • November 19, 2019
A couple may choose to end their marriage for a variety of reasons. You and your partner might no longer love each other. Or perhaps infidelity crept in between you, you find it impossible to agree on financial decisions or your careers are pulling you in different directions. No matter your reasons for dissolving your marriage, you might feel betrayed,…

Co-parenting tips: How to make sure you’re putting your children first

By On behalf of Cohen & Lombardo, P.C. • October 3, 2019
A divorce, no matter how amicable, is a tectonic shift in your family life. The underlying structure of the day-to-day has been altered, and even little things will change. Amidst all this, however, is one thing you do not want to see impacted: the well-being of your children. While co-parenting after a separation comes with challenges, it is certainly not…

When can a parent seek a child support modification?

By On behalf of Cohen & Lombardo, P.C. • July 5, 2019
When two New York parents decide to separate or end their marriage in divorce, they will have to make many difficult decisions about how they will continue to provide for and love their children. Some of their decisions will focus on child custody, such as where their kids will live and how the parents will make choices about raising them.…

A charitable trust as an estate planning tool

By On behalf of Cohen & Lombardo, P.C. • June 27, 2019
Trusts are useful estate planning devices that allow New Yorkers to pass their property to others without the burdens and costs of having it go through probate. While it is often the case that individuals set up trusts to support themselves and their family members, from time to time estate planners wish to benefit charitable organizations through their end of…

Is spousal support a part of every divorce?

By On behalf of Cohen & Lombardo, P.C. • June 25, 2019
While the topic of divorce may be familiar to readers of this New York legal blog, the specific nature of individual divorces can be very different. That is to say, the resolution of one divorce and its related family law issues may be very different than the resolution of similar topics in another divorce. The unique factors and circumstances of…

Navigating aggressive custody battles

By On behalf of Cohen & Lombardo, P.C. • June 23, 2019
As a parent, you are biologically programmed to be protective of your child. When you are facing the prospect of dividing time with them or losing touch with them, this can be extremely scary. It is natural to feel anger and panic in this situation. However, it’s likely that these emotions will be of little help to you. Instead, you…

Laws surrounding intestate succession in New York

By On behalf of Cohen & Lombardo, P.C. • June 19, 2019
Intestate succession refers to the process of distributing a decedent’s estate when the decedent does not have a will. As our readers are aware, a will is an important testamentary document that provides guidance on how the assets and property of a person’s end-of-life estate should be distributed once they have passed on. While a will gives a person control…

Establishing a health care power of attorney

By On behalf of Cohen & Lombardo, P.C. • June 12, 2019
A previous post here discussed the importance of including durable powers of attorney in the estate plans of Buffalo residents. In review, a durable power of attorney gives a named party the right to make financial decisions on the part of another person who is unable to do so due to incapacity. Incapacity can happen to anyone at any time.…
More Posts