When the courts make custody decisions, they generally do so with the child’s best interest as the primary and driving consideration. Courts typically favor arrangements that allow both parents to be actively involved in their child’s life.
Legal and Residential Custody
There are two different types of custody – legal and residential (or physical).
Legal custody relates to major decision-making in a child’s life regarding their health, education, religion and general welfare. The courts generally want parents to have joint legal custody, and both be involved in making important decisions for their child. However, there are circumstances where the court may grant sole custody, such as if parents are unable to communicate with each other, there is a history of domestic violence, or if a parent is deemed unfit to make proper decisions for the child.
Residential custody pertains to where the child lives. While it used to be the norm that there was only one primary residence for the child, joint residential custody, also commonly known as 50/50 parenting time, has become much more common in recent years. However, in order for a 50/50 arrangement to work, both parents need to live in close proximity to each other and be able to work cooperatively to make their child feel comfortable going back and forth between two homes.
The Legal Process for Seeking Custody
A parent seeking custody must either do so as part of a divorce proceeding or by filing a petition in Family Court. Absent an agreement between parents as to a custodial arrangement, evidence must be presented to the Court showing why the arrangement sought would be in the child’s best interest. As always, it is best to consult an attorney in this situation. We are here to answer any questions you have.
