Synthèse factuelle
In New York, child custody is divided into two distinct components: legal custody and physical custody, as defined by the New York State Unified Court System. Legal custody refers to the right and responsibility to make major decisions regarding the child's welfare, including education, health care, and religious upbringing. Physical custody pertains to the actual care and supervision of the child, determining where the child resides. Custody arrangements can be sole (one parent holds the custody right) or joint (both parents share rights). Orders regarding custody are issued by Family Courts or Supreme Courts, depending on the case specifics. Establishing custody requires filing petitions, attending hearings, and presenting evidence to demonstrate the child's best interests. The courts consider factors such as the parents' ability to provide care, the child's preferences if of sufficient age, and the child's relationship with each parent. No custody arrangement is valid without a formal court order. Fees may include court filing costs and attorney fees, which vary. Official sources include the New York State Unified Court System (nycourts.gov) and the New York Family Court Act. This factual overview excludes legal advice or interpretation.