Legal Question in Family Law in New York

Re: child custody rights

My answer below essentially re-writes my answer posted on July 23 of this year to a LawGuru question entitled "Sole & Joint Custody" in the New York category of "Family Law, Divorce",etc., and a more extensive discussion is presented there.

A parent who has sole custody of the children or child after the divorce (or separation) has both exclusive physical custody of the children and also sole decision making authority over the children's discipline, religious upbringing, education, and medical care.

In sole physical custody (which is sometimes termed "residential custody") the children live exclusively with that sole custodial parent (except, maybe, for short visits with the

non-custodial parent in exercise of the

non-custodial parent's visitation rights, e.g., every other weekend and one weekday evening).

In contrast to sole custody, in joint custody, both parents share responsibility for decisions as regards the child's (or children's) discipline, education, religious upbringing, and medical care. This shared responsibility for decision making as described above are the minimum criteria for a joint custody situation.

Joint custody may or may not also include shared physical custody, i.e., circumstances where the children alternate equally or substantially between living with each parent.