Joint or Sole Legal Custody?
Contact an Albany Family Law Attorney at Colwell, Colwell & Petroccione Today
When we speak of "custody" of children, there are actually two aspects of this — expressed in family law as:
- Physical custody
- Legal custody
Joint Legal/Sole Legal Custody Scenarios
Separated, divorced and unmarried parents may relate to their children through one or more of the following arrangements:
- Shared joint physical and legal custody
- Joint legal / primary physical custody with visitation by the other parent
- Sole legal and physical custody with visitation by the other parent
- Sole legal and physical custody with no visitation by the other parent
In the past, a distant parent may have experienced challenges in obtaining "joint legal custody," due to concerns that this arrangement would prove too complicated to bring about without close communication and cooperation. However, in today's interconnected world of e-mail and cell phones, joint legal custody arrangements are more convenient and doable than in the past, even when parents live a significant distance apart.
A parent with legal custody has the right to make, agree to or disagree with major decisions in a child's life including:
- Health care
- Education
- Religious upbringing
A parent with physical custody, by contrast, is in control of day-to-day decisions such as what to have for dinner and whether to allow the child to go to the mall with friends.
Whether it makes sense for your child to be in the sole or joint child custody, both physically and legally, of one or both parents, will of course depend on many individual factors unique to your family. The best way to move toward an understanding of what type of custody arrangement your child should have is to talk to an attorney with ample experience handling child custody, child support and related issues.
Our New York Lawyers Represent Custodial and Noncustodial Parents
If you are represented by a family law attorney at Colwell, Colwell & Petroccione, LLP, your lawyer will make every effort to help you bring about the custody arrangement that is in the best interests of your child. You may assert that the other parent is unfit or has abandoned the child for long periods of time — and that therefore, you should have sole legal and physical custody.
Or you may wish to codify a shared parenting arrangement through joint physical and legal custody. Our law firm is here to help you pursue your family law goals — and achieve them to the greatest extent possible. When children are involved, we of course must take into consideration the best interests of the child at all times.
We are also prepared to offer practical advice on ways that divorced parents have successfully managed joint physical and legal custody while moving beyond marriage to a new family structure.
You don't risk anything by giving us a call. All of our clients receive a free initial consultation. To schedule yours, call 866-377-0285 or just contact our office online. We are ready to help.
