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Our Practices: Divorce and Matrimonial Law Child Custody

On Behalf of | Oct 23, 2020 | Child Custody |

Divorce is not easy and when children are involved it can be even more daunting.  We at Claudio and Associates use a personalized approach with all of our clients and make sure that we tailor our services to your needs. We also make the process as seamless as possible and ensure you understand the process each step of the way.  One question that comes up often is whether one parent can have “FULL CUSTODY” but I like to dispel the thought of one parent having full custody because there is a bit more involved when considering the Custody of children in New York.


Did you know that there are two types of custody?


  1. Legal Custody: which deals with the major decisions of the children. (medical care, religious upbringing, and education)
  2. Physical Custody: also known as residential custody, which means that there is one parent that the child resides with “most of the time.


There are some variables to the above, for example, there can be sole legal custody to one person or there can be joint legal custody.  Parents should consider how they would like to deal with the major decisions of the child once the divorce process begins.  In addition, for physical custody, there can be joint physical when the child/ren live with both parents equal time or if one parent has more time the other parent still has rights to visitation.  The decision as to how to handle custody can get complicated and it’s important to discuss all of these issues in depth with your attorney to ensure that the final order is extremely clear so that you minimize your chance of returning to court.


According to NY Courts, a Custody Order gives responsibility for the child’s care and how the child is brought up to one or both of the child’s parents or to someone else. The New York court has the ability to make orders about the child’s custody until the child reaches the age of 18 years old.  It is also important to note that if there is no court order, both parents have equal rights to “physical and legal custody” of the child.


Our firm takes very seriously the importance of the best interest of the child/ren. We work with you to present the best possible narrative to ensure we get the best results for you.