Divorce can be one of the most emotionally charged and life-altering experiences a family can go through. When children are involved, the stakes feel even higher. Understandably, parents often have many questions about child custody, one of the most common being: What exactly is joint custody, and how does it work under New York law?
Joint custody refers to a legal arrangement in which both parents share responsibilities for their child after a separation or divorce. In New York, joint custody isn’t automatically granted, and the court looks closely at many factors before approving such a plan. Continue reading and reach out to a seasoned Rochester child custody lawyer from Lacy Katzen LLP to learn more. Here are some of the questions you may have:
How Does Joint Custody Work in New York?
Joint custody in New York typically falls into two categories: joint legal custody and joint physical custody. These terms sound similar, but they refer to very different aspects of parenting.
Joint legal custody means that both parents share the decision-making responsibilities regarding the child’s welfare. This includes choices about education, medical care, religious upbringing, and other significant issues. Even if the child primarily lives with one parent, both may still hold equal authority when it comes to making these important decisions.
Joint physical custody, on the other hand, refers to where the child lives. In a true joint physical custody arrangement, the child spends a substantial amount of time with both parents. However, this does not always mean a perfectly equal split. Instead, the arrangement should reflect what is practical and in the child’s best interest. For example, the child may live with one parent during the school week and spend weekends or holidays with the other.
Who Decides Whether Joint Custody Is Appropriate?
Contrary to what many believe, joint custody is not presumed to be the best option in every case. In New York, family courts make custody determinations based on the best interests of the child. This principle guides every custody decision, from the most straightforward to the most complex.
The court will consider several factors, such as the mental and physical health of both parents, each parent’s ability to provide a stable environment, the child’s relationship with each parent, and even the child’s own wishes if they are old enough to express them. Cooperation between parents is also a major consideration. If there is a high level of conflict or a history of abuse or neglect, the court is unlikely to award joint custody, as such an arrangement requires a certain level of communication and mutual respect.
Is Joint Custody Always the Best Choice?
While joint custody can be a beneficial arrangement for many families, it’s not ideal for everyone. For some children, having two active and involved parents can provide emotional security and consistency. It can also foster a stronger bond with both parents. However, for others, a joint arrangement can create instability, especially if the parents struggle to communicate or live far apart.
That’s why working with a knowledgeable family law attorney is so critical. Every family’s situation is unique, and an attorney can help you evaluate your options and advocate for an arrangement that truly serves your child’s needs. Whether you’re seeking joint custody or trying to understand how it might affect your rights and responsibilities, having professional guidance can help you make informed, confident decisions.
Joint custody isn’t just a legal label; it’s a commitment to co-parenting, cooperation, and putting your child’s well-being at the center of everything you do. If you’re facing divorce or a custody dispute, please don’t hesitate to contact a knowledgeable divorce attorney here at Lacy Katzen LLP for a free consultation today.
