Child Custody and Visitation in New York State:
Under New York State law, child custody is split into two main parts:
• Physical Custody: Physical custody is the term used by the court to describe where the child lives (i.e. with which parent or other guardian).
• Legal Custody: Legal custody is the term used by the courts to describe the authority to make major decisions about a child’s care, such as medical decisions, schooling, etc.
Either type of custody can be awarded on a joint or sole basis. When the parents have joint custody, they share decision-making power and/or have the child living with them on a 50/50 basis. When one parent has sole custody of the child, they have full legal custody and/or the child lives with them more than 50% of the time. The other parent generally has the right to be informed about decisions made for the child, and they also have the right to visitation with the child.