Before understanding all of the factors that are applied in a child custody dispute, it is important to know what the term actual involves. Child custody is the legal relationship between a parent and the child. However, there are three types of custody: physical, legal, and joint. Physical custody determines where the child’s main residence is located. For example, the mother has physical custody, then the child lives the majority of the time with their mother. Legal custody determines which of the parents has a say on important decisions regarding the child’s life. For example, if the father has legal custody, then the father could make the final decision regarding which school the child attends. Lastly is joint custody which is where both parents share equal responsibility regarding any issues of the child. For example, if parents share joint custody, then both must decide which doctor the child will see. If one parent does not agree, then both parents must discuss and reach a resolution. Joint or split custody may also mean that the child spends equal an amount of time with each of the parents.

Family Court Judges review many factors in determining what custody arrangements for the child would be best. Some of these factors include: where the child currently lives; whether the parents get along; whether each parent is deemed fit; if the child is of a certain age the judge may ask the child what they prefer; and many others. In New York, neither parent is preferred over the other. The overall factor that the judge will look to is what is in the best interest of the child.

If you need help in a custody or visitation case or if you are considering divorce, then contact the law office of Jayson Lutzky, P.C. Mr. Lutzky has 30 years of experience practicing law. To set up a free in person consultation call (800) 660-5299. Additionally, you can visit for further information.