Whoever has physical custody, also known as residential custody, is responsible for the actual physical care and supervision of a child. If the Judge gives one parent sole legal custody, only one parent has the right to make major decisions for the child. It doesn't matter which parent the child lives with both parents must agree on the decisions together. If the Judge gives joint legal custody, the parents make major decisions about the child together. Whoever has legal custody has the right to make important decisions about a child's care such as medical care or religious upbringing. If there is no court order, then both parents have equal rights to physical and legal custody of the child. The Court gives custody based on what is best for the child, this is called the "best interest of the child." There are two parts of custody: (1) legal custody and (2) physical custody.Ī New York court can make orders about the child's custody only until the child is 18 years old. A Custody Order gives responsibility for the child's care and how the child is brought up to one or both of the child's parents or to someone else.
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