If you and your spouse have children and are getting divorced, you will need to address custody issues in your divorce. These custody issues include:
- Physical custody: When the child is living with or is under the care of a parent, that parent has physical custody of the child.
- Legal custody: A parent with legal custody has the right to make decisions relating to the child’s upbringing. These decisions may relate to the child’s health care, schooling, activities and religion.
Generally, a parent can be awarded sole physical custody, sole legal custody or both. Parents may also be awarded joint physical custody, joint legal custody or both.
- Sole physical custody: The child will live with one parent and the other parent will be granted visitation rights.
- Joint physical custody: The child will live with each parent for a specified amount of time (time is not necessarily split 50/50).
- Sole legal custody: One parent is responsible for making all child-related decisions.
- Joint legal custody: Both parents share decision-making responsibilities.
As you create your parenting plan, there are several factors to consider including:
- Parents’ work schedules
- Child’s age and needs
- Distance between parents’ homes
- Stability of each parent’s living environment (history of violence/drug abuse/alcohol abuse)
- Child’s preferences (if child is mature enough)
- Vacations, school breaks, and holidays
- Child’s schedule (school and extracurriculars)
Even if you get along with your ex, it can be difficult to come up with a parenting plan on your own. If you are unable to agree on a plan, a judge may have to decide on a plan that works for your family. A New York attorney experienced in divorce and family law can help you draft your parenting plan or represent you in front of a judge, if necessary.
