Legal Question in Family Law in New York

Re: Sole Custody

Some states have legislation that establishes a "status" of custody called 'Joint Custody'.

NY has not enacted such legislation. In NY, both parents are "deemed" to have an equal 'right' to custody {it could be said that the "default" status of custody in NY is "joint"}.

Now-a-days, people sometimes want to create a 'special' status for custody - they may want to have something that has become known as 'joint custody' - - but which is more specific in that a child is going to spend 50% of the time with each parent. Courts & lawyers fashion ORDERS that spell out the particulars of such arrangements & they are often called [not helpfully] "Joint Custody".

In NY, unless there are specific provisions that say otherwise, "joint custody" actually means ONLY that the parent NOT having physical custody of the child has the right to contribute input & to be kept advised of matters relating to the child's education, religion, medical care, etc.

Note that the key word there is "input" - the parent w/ this 'joint custody' status does NOT have the right to dictate or determine those issues; ONLY to have input & to be kept advised.

It is probably "reasonable" to suppose that a court order that recites *sole custody* means that the non-custodial parent does NOT have a right to have input nor is the custodial parent obliged to keep the non-custodial parent advised of choices that are under consideration or decisions that are being made / have been made.

It is also probably 'reasonable' to suppose that a court order reciting the bare naked phrase "joint custody" maybe means that both parents have an equal & "un-diminished" or "un-impaired" right to seek 'physical custody'. Contrariwise, it might be 'reasonable' to suppose that an order granting "sole custody" means that the other parent's right to seek custody IS "diminished" or "impaired".

That is NOT the same as saying that you have no right to seek custody. The court order that does exist may establish certain "burdens" or showings of proof that you would have to make in order to successfully petition for custody.

So: The short answer to your question is - depending on the actual terms/provisions of the order existing in Your Case - as a 'general proposition', "sole custody" means that the custodial parent has the right to make all the decisions about the child's up-bringing, education, religion, etc., without consulting with the non-custodial parent; & the non-custodial parent has no right to contribute input as to those decisions.

Regards, etc.,

J. M. Hayes

>> The foregoing amounts to observations based on some years familiarity with the 'day-to-day' operation of the law with regard to the issues involved In The Most General Sense; my remarks should not be thought of as "legal advice & counsel" in the formal sense of that phrase, since there is, in fact, no 'attorney / client' relationship existing between us. <<

Re: Sole Custody

I can't tell you exactly what sole custody means in your case. If he got sole custody by court order, that court order should tell you your rights as well. If he got sole custody by agreement, that agreement should tell you your rights.