When parents separate or divorce, figuring out where the child/ren will live, who makes the big decisions, and how to co-parent effectively is not just a legal matter, but one that quickly becomes deeply personal. If you are exploring the types of custody in Saratoga Springs, it is helpful to understand how custody works in New York and what it may mean for your child/ren’s future.
At Colwell Law Group, our attorneys guide you through the child custody process with compassion and confidence. Whether you are trying to create a peaceful parenting plan or facing a heated custody battle, knowing the basics is a good first step.
Custody in New York falls under two categories: legal custody or physical custody.
Legal custody concerns decision-making. It gives a parent the right to make the big picture choices about the child/ren’s lives. For example, the parent with legal custody may decide where the child/ren go to school, how they receive medical care, and if they are raised to follow a certain religion.
Physical custody concerns where the child/ren physically live and who takes care of them every day. It also covers their routines, such as meals, bedtimes, and getting to school. Physical custody dictates which parent provides the primary hands-on care.
Decisions about legal or physical custody may feel overwhelming, especially when you are trying to do what is best for your child/ren. At Colwell Law Group, we are here to support you through the custody process in Saratoga Springs, helping you understand your custody options and fight for an arrangement that protects your rights and your child/ren’s best interests.
Sometimes, shared parenting may not be possible. If a parent is given sole legal custody, they have full responsibility for decisions related to the child/ren’s health, schooling, and well-being. Courts may give a parent sole legal custody in cases where the other parent is unable to make sound decisions. This type of custody is commonly seen in Saratoga Springs cases involving substance abuse, neglect, or a history of domestic violence.
With sole physical custody, the child/ren mainly live with one of their parents. In many cases, the other parent may still have visitation rights, unless the Court decides that visitation is not safe or not in the child/ren’s best interest.
In New York, Courts make custody decisions based on the best interests of the child/ren and not on the preferences of the parents, as per New York Domestic Relations Law § 240.
Courts may lean toward joint legal custody in many cases. In joint legal custody arrangements, the parents work together to decide important issues in their child/ren’s lives. Matters such as where they go to school, how they receive medical care, and their religious affiliation are decided together. This kind of arrangement works best when parents can communicate respectfully and are committed to co-parenting as a team.
That said, joint legal custody may not always mean a 50/50 split in physical time. Often, one parent is named as the primary residential parent, while the other follows a parenting time schedule, which may mean visits on weekends, holidays, or midweek.
Some families in Saratoga Springs choose a shared physical custody option, where time is evenly split between both homes, such as alternating weeks. At Colwell Law Group, we help our clients build practical, thoughtful custody arrangements that prioritize their child/ren’s well-being.
Understanding the types of custody in Saratoga Springs makes all the difference when navigating your next steps as a parent. Whether you are seeking sole custody, joint custody, or need to revisit an existing arrangement, we are here to help.
At Colwell Law Group, we bring strategy and empathy to every custody case. Reach out today to schedule a complimentary consultation and take the first step toward protecting your rights and your child/ren’s future.
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