Skip to main content

How often is sole legal custody and sole physical custody split between parents after a trial in NYS?

New York, NY |

How often will a court award one parent sole LEGAL custody and the other parent sole PHYSICAL custody when the forensics recommends one parent gets both sole legal and physical custody?

Attorney Answers 4

Posted

Perhaps a definition on terms is warranted to answer your query. From my end, "legal" custody and "primary physical custody" mean the same thing. Thus, a Judge would not award 1 parent legal custody & the other parent physical custody as it would be contradictory. If "legal" custody is otherwise defined to mean "decision-making authority," however, I can say it would be very rare indeed for a Judge to award primary physical custody to one parent, while vesting decision-making authority to the non-custodial parent. Schedule a consultation with a NYC Child Custody attorney for a full assessment.

* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

Mark as helpful

1 found this helpful

1 lawyer agrees

2 comments

Asker

Posted

This is what the law guardian is recommending as a settlement. She has always taken the side of the mother and is trying to salvage her after a devastating forensic report. Thank you.

David Ivan Bliven

David Ivan Bliven

Posted

I have heard of "spheres of influence," in which 1 parent will have physical custody & the other will have decision-making on, say, healthcare issues. I again encourage you to make an appointment with a Child Custody lawyer. * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

Posted

When parents do not get along, Courts do not grant joint decisionmaking as there is not a basis on which the parties could share and exchange ideas. Thus, under those circumstances, and, where, as here, a forensic expert is recommending one parent for sole legal and physical custody, the Court is unlikely to grant one parent decisionmaking and, the other, residential custody.

Mark as helpful

3 lawyers agree

1 comment

Asker

Posted

The forensic expert is recommending sole legal and physical custody to one parent the law guardian is suggesting to split.

Posted

What you describe never happens. It is not within the power of the Court to allow.

I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship

Mark as helpful

3 comments

Asker

Posted

This is what the law guardian is recommending as a settlement. She has always taken the side of the mother and is trying to salvage her after a devastating forensic report. Thank you.

David Zaslavsky

David Zaslavsky

Posted

The attorney for the child is obviously an idiot as it is not within the power of the Court to grant. How can the child live with one parent, while the other parent makes all of the decisions. You should either speak to your attorney, or if you do not have one, you should get one and speak to them.

Asker

Posted

She is known for bizarre recommendations. Thank you.

Posted

Never. It would be a patently illogical conclusion.

Mark as helpful

Family law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics