Sole or full custody means that one parent is given physical and legal custody of the child. It is hard to get sole custody in New York where courts try to allow children to maintain relationships with both parents after a separation or divorce. However, that may not be in the child’s best interest. If you need legal assistance during a custody battle, contact a Suffolk County child custody lawyer to set up your free consultation today.
What Types of Custody Agreements Exist?
There are two types of custody, physical and legal. Physical custody is a parent’s right to spend time with the child and have them living under their roof. Legal custody refers to the parent’s right to contribute to or make decisions about the child. These decisions are generally important in regard to how the child is raised or their health. Legal custody decisions may include medical operations for the child to have, medications to take, what religion to be raised in, which school they attend, etc.
Both physical and legal custody can be either joint or sole. With joint custody, both parents share the responsibility and right to spend time with the child and make decisions on their behalf. Sole custody awards one parent the authority to make important decisions for the child.
Depending on the relationships between the parents and child and the personal behavior of the adults, parents may share legal and physical custody, only share legal custody and have visitation for the noncustodial parent, or one parent may be awarded both sole legal and physical custody.
Is it Hard to Get Sole Custody?
It can be difficult to get sole custody of your child. New York courts generally try to come up with solutions that allow children to maintain a relationship and frequent contact with both parents. Studies have shown that having both parents present in their lives results in better growth and emotional development. For this reason, it is hard to get full custody. However, it is not impossible.
How Can I Obtain Sole Custody of My Child?
If you believe it is in your child’s best interest not to have contact with their other parent, you must demonstrate that to the court using facts and evidence. A court will consider the following and more when determining whether or not to award sole custody.
- Which parent has historically been the primary caregiver
- If there is a history of drug or alcohol abuse in either parent
- If there is a history of domestic abuse, neglect, abandonment, or incarceration by either parent
New York courts favor both parents having the opportunity to be involved in their child’s life. However, if you can prove that your child seeing their other parent would be harmful in some way then you may be able to secure sole custody.
For more information and legal representation during your custody battle, contact an attorney at Peter V. Mandi & Associates, Inc. today.
