Legal Question in Family Law in New York

Joint Physical Custody

My daugthers father and I have had joint custody over her for the past 4-5 years, with physical custody being with me. He recently served me with papers to get physical custody of her. He then decided to come to an agreement with me before we go to court. He wants to split everything downt the middle. He mentioned something about joint residency. Is that the same as Joint Physical Custody? Would it be a good idea? Would we still have joint custody also? He has a lawyer and I don't and I want to find out as much information before I sit down with him and his lawyer to work something out. What should I do?


Asked on 8/17/06, 11:43 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: Joint Physical Custody

You should consult with an attorney experienced in custody matters as soon as possible. Subject to the Court's approval, "joint custody" can mean whatever you and dad agree it should mean, and you can agree to any sensible arrangment for the children to share time with each of you. You are the best judge of whether an equal split could work for you and benefit your kids, but discussing it with an attorney could help unravel the issues and ensure that the agreement is properly drafted. More importantly, your case is still in litigation and you need an advocate who can protect your rights.

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Answered on 8/22/06, 7:48 pm


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