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Understanding The Different Types Of Child Custody In New York

Navigating child custody after a divorce or separation can seem very difficult. The number of child custody types in New York can increase the stress associated with figuring out what arrangement will work best for your child.

Temporary and emergency custody

Often, a parent begins the child support/custody/visitation process by filing for temporary custody. Temporary custody is the custody arrangement in place while both parties wait for custody hearings. Emergency custody refers to an emergency order the court may grant in cases of child endangerment or a reasonable fear that the parent may flee the state.

Sole custody

When the court grants sole custody, the child stays in one residence. In sole custody arrangements, the same parent makes all of the decisions about the child’s welfare.

Joint custody

Joint custody involves sharing parental responsibilities. Joint custody often involves the following situations:

  • Joint legal custody allows parents to share the care and control of the child, but the child remains in only one residence primarily.
  • Shared physical custody provides the child with two places of residence, but only one parent makes the legal decisions.
  • Combination custody allows both parents to share in the legal and physical upbringing of the child.

Court’s final orders

After your child custody hearings have occurred, the judge will issue a set of final custody orders. These orders will replace any previous emergency or temporary orders. They must also be obeyed unless one of the following occurs:

  • Your child reaches the age of 18.
  • Your child receives emancipation.
  • Both parents come to an alternate agreement.
  • A parent demonstrates to the court that a significant change necessitates a new order.

Child custody battles and orders may involve more than a decade of your life. While the process may seem difficult, the end goal should always strive to find an arrangement that meets your child’s best interests.




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