Legal Question in Family Law in New York

Joint / Physical Custody

March 1st 2004 I will attend a custody /visitation hearing in which I'am the petitioner.Currently my son lives with his mother.We have legally settled on the paternity and support.I petitioned to have joint custody,have come across the words physical custody. What is the difference? I currently have my son on all of my days off (13 total) per month and 4 weeks of vacation. Currently paying 800.00/ mo and all clothing for both homes, it would've much higher if I didn't cut a deal. Is it possible to get physical custody based on my visitation schedule which I've had for 2yrs. and 3 mo. Sort of a 50/50 between parents. How to negotiate?


Asked on 1/04/04, 2:11 pm

1 Answer from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Joint / Physical Custody

"Physical custody" refers to the parent with whom the child primarily resides. You describe a situation where the time seems to be exactly evenly split. "Joint custody" generally refers to some form of shared legal custody, or the authority to make major decisions regarding the child's upbringing. Since NY statute does not provide for "joint custody", it essentially means only what the parties agree for it to mean, and the court cannot impose it upon incooperative parents. I need more information about your particular case to give you a fair idea about where you stand. Feel free to call me at 212-367-9167 for an appointment. I do not charge a fee for the initial consultation.

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Answered on 1/04/04, 2:37 pm


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