Determining Physical Custody

Long Island Family Law Attorneys

When a marriage ends, determining child custody often becomes an emotional and contentious matter. While legal custody refers to determining the right to make decisions regarding the child's health, education, religion, and other such matters, physical custody can be basically defined as referring to where the child lives. This involves the day-to-day care of a child.

If the parents are unable to come to an agreement regarding physical custody, the court will make a decision based on the best interests of the child. There is no one factor that will be used to make this determination, rather the court is required to consider many factors such as the stability of the respective parents, the atmosphere that can be provided, the financial standing of each parent, and the past behavior of each parent.

At Wisselman & Associates, we have the skills and experience to help you achieve the best possible arrangement for you and your child. We stand out as a firm of integrity and ingenuity with a reputation for outstanding research and superior strategic planning. We can provide the personal attention you need to help you manage the emotional and sensitive nature of your child custody concerns. A Long Island family lawyer from our firm may be able to provide the help and guidance you need.

At Wisselman & Associates, we provide complimentary consultations in which to discuss your case.

Types of Physical Custody

Physical custody can be established in various ways:

  • Sole or primary physical custody is when the child lives with one parent. The other parent may have visitation rights.
  • Shared physical custody is when the child lives with each parent 35% to 50% of the time. In shared physical custody, it is possible for one parent to have legal custody and make all choices regarding the child's heath, educational, and social decisions. This differs from joint legal custody, in which both parents would make decisions regarding the child's upbringing. In New York, the courts will not award joint legal and shared physical custody unless both parents show a willingness to put aside personal differences to focus on the best interests of the child.
  • A custodial parent is a parent who is given physical custody by court order.

With a reputation for excellence developed over the past 35 years, the attorneys at our firm are determined to help our clients obtain the results that they seek. We will work to peaceably resolve issues and find solutions to help avoid expense when it is possible as we are concerned with protecting you both legally and financially.

Contact Wisselman & Associates to help you achieve the best possible arrangement for you and your children.