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)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child custody and visitation matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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