Types of Custody in Albany

Making custody decisions can be complex. There are two types of custody in Albany: legal custody and physical custody. You must consider both when making a custody plan. A dedicated custody lawyer may ensure that you understand the difference before making any decisions regarding your child/ren.

At the Colwell Law Group, our custody attorneys have experience advocating for parents in custody disputes. We understand the emotional toll a custody case can have on the entire family, and we are here to help answer your questions throughout the process. We offer complimentary consultations with our experienced attorneys.

What Is Legal Custody?

Legal custody is one type of custody Albany families must consider. Legal custody determines who will have decision-making authority for the child/ren. A legal custodian will make short- and long-term decisions regarding the child/ren’s welfare. The legal custodian of the child/ren makes medical, religious, and educational decisions on behalf of the child/ren. The Court may award parents joint legal custody. Joint legal custody requires both parents to discuss these decisions and make a decision together. When the Court awards sole legal custody, one parent will be in charge of making major decisions without the input of the other parent. A knowledgeable attorney may answer questions regarding the responsibilities of a legal custodian when caring for the child/ren.

What Is Physical Custody?

Physical custody is the type that determines where the child/ren physically reside in Albany. The physical custodian of the child/ren provides their food, shelter, and supervision. The responsibilities of the physical custodian include managing the child/ren’s daily routines and activities, and meeting their basic daily needs. In joint physical custody arrangements, the child/ren take turns living with each parent, often dividing their time equally between the parents. In sole physical custody arrangements, the child/ren live primarily with one parent, who provides for the child/ren’s daily needs.

Factors Influencing How Courts Award Custody

When making a custody determination, the Court must consider what is in the child/ren’s best interests. The Court will examine which parent can provide for the child/ren’s physical, emotional, and financial welfare. The primary caretaker of the child/ren is one factor that the Court will consider, taking into account which parent was previously responsible for meeting the child/ren’s daily needs. The Court will also examine the stability of each parent, including their home and work schedules. The Court will review each parent’s mental, physical, and emotional status. It will take into account factors such as the child/ren’s preferences and each parent’s willingness to coparent. A dedicated Albany family law attorney may assist you in examining the various types of custody and what the Court will consider when making a custody determination.

Discuss Your Custody Options With an Albany Lawyer Today

Custody decisions are emotional, and you no doubt hope to achieve the best outcome possible for your child/ren. If you have to make custody decisions regarding your child/ren, you need to understand the types of custody in Albany. Speaking with a knowledgeable attorney may help you navigate the custody process.

At the Colwell Law Group, our lawyers understand the impact of custody arrangements on the entire family. Many factors influence a custody decision, so contact our lawyers today for a complimentary consultation and let us guide you.