Child custody issues tend to be one of the most litigated, sensitive, and complex of all family law matters. The custody of a child is usually addressed by the court during divorce proceedings, but can also be addressed without a divorce action in family court. It is the court’s primary objective to consider the best interests of the child, not the personal desires of each of the parents.
Legal Custody, Physical Custody, Joint Custody and Sole Custody
Legal custody and physical custody are the two types of child custody in divorce. Legal custody refers to the parents’ ability to make the life-impacting decisions for their children regarding issues such as healthcare, religion, and education. Physical custody is granted to the parent who will provide for the child’s basic needs, such as housing, food, and day-to-day activities. Both parents can be granted joint custody, making decisions and caring for the child together. In many cases, both parents are awarded joint custody, which means that they will share in the decision making regarding the children. Parents can agree on a joint custody agreement if the divorce is amicable. Sole custody can be granted to one parent who is given those rights and responsibilities exclusively. When determining custody of children the court will lost of many factors. Please call or text the law firm of Itamar Levy & Associates, PLLC at 347-685-4510 and speak with one of our lawyers regarding your custody matter.