Child Custody in New York State

Physical custody

Means: where is the child's main residence

Legal custody

Means: who makes decisions about the child.These are the two elements of custody. Custody may be joint (shared by consent between the parties) or it may be sole as determined by agreement or by court order.

Before custody is awarded the court usually undertakes various investigative steps to determine what is in the best interests of the child or children. If custody is not decided upon by consent (with the court and a court appointed law guardian representing the child) then a hearing takes place at which both parties present evidence to determine who should have custody in the best interests of the child (or children).