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

Asked 2 months ago - 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)

  1. David Ivan Bliven

    Pro

    Contributor Level 19

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    Answered . 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.
  2. Deborah G. Fiss

    Contributor Level 14

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    Answered . 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.

  3. David Zaslavsky

    Contributor Level 16

    Answered . 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... more
  4. James Frank Nemia

    Contributor Level 6

    Answered . Never. It would be a patently illogical conclusion.

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