Legal Question in Family Law in New York
Legal Custody Definition
How does NY define Joint LEGAL custody? Does one parent have absolute veto over major decisions made by the other? A NY law guardian told me that joint legal custody just means that the parent making the decision only has to inform the other parent of that decision. Does the custodial parent have absolute decision making authority, even if the noncustodial parent opposes a major decision such as change in day care provider?
1 Answer from Attorneys
Re: Legal Custody Definition
"Joint" custody means only what the parties agree it to mean, since it cannot be imposed where the parents cannot cooperate. That differs in each case, but "joint custody" seems a misleading way of describing an arrangement that provides only consultation, as oppesed to actual decision-making authority. Feel free to call me at 212-367-9167 to discuss your particular concerns.