In Manhattan, Child Custody and Legal Rights

Understanding Child Custody in Manhattan

In Manhattan, child custody involves deciding how and where a child is raised until they are 18 years old. If both parents can set aside any animosity toward each other and resolve the custody issues, a judge may grant their decisions. This means the judge makes the parents’ child custody agreement a court order. However, it must be deemed in the best interest of the child. If parents cannot agree, the child custody issue is resolved according to the New York’s Domestic Relations Law Section 240. The two types of child custody issues that will be resolved in court are:

• Legal child custody
• Physical child custody

Legal Child Custody in Manhattan

Legal child custody grants a parent the right to make important decisions about the child's upbringing:

• Religion
• School
• Doctor visits

Parents may seem to have the right to make these decisions. However, in a child custody case, a judge will make the decision on who has the right to make important decisions about their child. This is called legal child custody. Legal child custody is separated into two issues:

• Sole legal child custody
• Joint legal child custody

A judge can grant sole legal child custody to one parent. That parent has the right to make all the decisions about their child. The parent who is not granted legal custody is excluded from the decision-making process. A judge may grant joint legal custody. The right to make decisions is given to both parents. The parents decide important decisions about their child’s future.

Physical Child Custody in Manhattan

Physical child custody, or residential custody, determines who the child will live with all the time. It is also split into two decisions:

• Sole physical child custody
• Joint physical child custody

Sole physical child custody grants one parent the right to live with their child. The child lives with them 100 percent of the time. The other parent, called the non-custodial parent, receives visitation rights. Visitation rights allow a parent supervised or unsupervised visits with their child. This means a child may spend the weekend at the non-custodial parent’s house or a couple of days. A supervised visit involves a third party being present during the visit. This often happens in cases where a parent abused their child. Joint physical child custody grants both parents the right to live with their child. This means a plan must be worked out to provide each parent 50 percent of the time with their child. Living arrangements may include certain days of the week the child spends with each parent. It may also include a child living with one parent during the school year and with the other parent during the summer.

Manhattan Child Custody Arrangements

A Manhattan child custody judge may grant a combination of child custody arrangements depending on what’s in the best interest of the child. For instance, a parent may receive:

• Joint legal custody, but sole physical custody
• Joint physical and legal child custody

Contact a Manhattan Attorney for Child Custody Issues

When a judge uses what’s in the best interest of the child standard, they must answer a series of questions about the parents and the child. For instance, they must determine if each parent can work together, has any mental health issues, and any history of abuse. To understand more about child custody issues and for legal representation, contact us. We will explain your case and determine how to fight for you and your child.