Understanding Custody Types in a New York Separation Agreement
In New York, one of the most important parts of a separation agreement is the custody arrangement. Custody should be clearly outlined so both parents understand their rights and responsibilities. An agreement should address two types of custody: legal custody and physical custody.
1. Legal Custody
Legal custody refers to a parent’s authority to make major decisions about a child’s life. This can include choices about education, medical care, religious upbringing, and extracurricular activities. In New York, legal custody can be:
Joint Legal Custody: Both parents share decision-making. This requires cooperation and consistent communication.
Sole Legal Custody: One parent has the exclusive right to make major decisions. The other parent may still have access to information but does not have final decision-making power.
A blend of the two: Perhaps one parent is the sole decision maker for medical decisions and the other for educational decisions. Perhaps parents share joint legal custody, but when they can’t come to an agreement, an expert third party (e.g. a teacher, a therapist, a doctor) is brought in to make the final call.
A separation agreement should spell out how decisions will be made, how disagreements will be resolved, and when consultation is required.
2. Physical Custody
Physical or residential custody determines where the child lives. Options include:
Primary Physical Custody: The child lives primarily (over 50% of the time) with one parent and has defined parenting time with both parents. The agreement must specify weekends, holidays, school breaks, transportation, and any special conditions
Shared or Joint Physical Custody: The child spends substantial and roughly equal time with both parents. The schedule must be detailed and workable.
By laying out legal and physical custody in detail, parents create a stable, predictable framework that supports the child’s well-being. And in mediation, you and your spouse or co-parent are able to make the decisions that will work best for your family.