Tuesday, February 11, 2014

How often is sole legal custody and sole physical custody split between parents after a trial in NYS?

Q:  How often will a court award one parent sole LEGAL custody and the other parent sole PHYSICAL custody when the forensics recommends one parent gets both sole legal and physical custody?

A:  David's Answer:  Perhaps a definition on terms is warranted to answer your query. From my end, "legal" custody and "primary physical custody" mean the same thing. Thus, a Judge would not award 1 parent legal custody & the other parent physical custody as it would be contradictory. If "legal" custody is otherwise defined to mean "decision-making authority," however, I can say it would be very rare indeed for a Judge to award primary physical custody to one parent, while vesting decision-making authority to the non-custodial parent. Schedule a consultation with a NYC Child Custody attorney for a full assessment.  -- David Bliven, Bronx Child Custody attorney (www.blivenlaw.net)

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