How do courts determine the custody of children?
In New York State, custody is based on the best interests of the children as determined by the court after considering many factors. In general, unless the parties have an amicable relationship, the court will not award joint custody. Rather, it will award sole custody to one party. Custody consists of two main components: (1) “Legal custody”, which means the power to decide the children’s religion, school, medical issues and the like, and, (2) “Physical custody” which refers to where the children reside (often expressed in terms of a visitation schedule). The law is gender neutral; that is, neither parent is presumed to be the more fit parent.
