Jennifer DiSomma
MFT 241: Family Law and Ethics
Professor Ferrara
1. How do you interpret that with respect to options for either or both of legal and
physical custody?
When determining legal and physical custody, it is always in the best interest of the
child/children. Child custody in New York, applies to children until they are eighteen years of
age. However, for non-emancipated children, child support continues in New York until the age
of 21. There are many factors that go into determining the custody of the child. New York child
custody laws allow for custody to be awarded in various ways. These include, but are not limited
to temporary, sole, split, and joint physical/legal custody
Prior to litigation, one will need to file for temporary custody. Temporary custody will be
based on the best interest of the child standard. This is temporary custody while you wait for the
court to hold a hearing. There are two major areas of custody of a child that need to be decided.
The first being physical custody, which is determining which parent the child lives with.
According to the law, when a child lives with a parent, pursuant to a court order, this means that
the parent has residential custody. A person with physical custody has the child living primarily
with them and they have the right to make decisions as to the child's everyday needs. The second
area in determining a custody order is legal custody. A person with legal custody has the right to
make long range plans and decisions for the education, religious training, discipline, non-
emergency medical care and other matters of major significance concerning the child's welfare.
Sole Custody is when both legal and physical custody are given to only one parent. The child
has only one primary residence. A single co-parent may be approved sole physical custody of the
child or children involved. New York child custody laws designate this co-parent to be the
responsible parent and the primary residence of the child. The courts will usually grant the non-
custodial parent visitation rights with the child, unless the court finds this not to be in the best
interest of the child.
Joint Custody is divided into three categories. These are Joint Legal, Shared Physical, and
Combination. Joint legal custody means that both co-parents share the ability to participate in the
decision-making process for the child, such as health, educational, and religious decisions. The
parents share care and control of the upbringing of the child, but the child has only one primary
residence. In Shared Physical Custody the child has two residences, spending the minimum 35%
of their time with the other parent. Furthermore, parents can coordinate joint custody agreement
that is any combination of Shared Physical and Joint Legal Custody if they can both successfully
compromise on an agreement.
Split custody is described in a situation where there are two children and each parent obtains
full physical custody over one child. Some of the considerations in