Legal Question in Family Law in New York
What does this mean in New York:
"The petition for custody is granted as follows, the petitioner is granted custody of the above child and it is further ordered that the respondent shall have access with the child as the parties agree and arrange." Does it mean I have legal custody or physical custody? I am confused about my rights and the rights of the Mother.
1 Answer from Attorneys
This order sounds like the petitioner has both legal AND physical custody with respondent having visitation rights as mutually agreed between the petitioner and respondent. That means that respondent can visit the child at times when it's convenient for both petitioner and respondent, but petitioner cannot withhold visitation frivolously (this sounds like petitioner and respondent can talk to each other like human beings, for which I congratulate you; not everyone can do this and get a "convenience of the parties" order).
Had I written this order, it would have spelled out who has legal custody and who has physical custody; that, though, is a matter of style.
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