Joint child custody doesn't mean parents share time with children equally. In most joint custody situations, one parent is designated as the primary residential parent whose home is the primary address of the children. Joint physical custody does not mean that the parents have the same time as the child. Rather, both parents have substantial and frequent time.
Whoever has legal custody has the right to make important decisions about caring for a child, such as health care or religious education. If the judge grants joint legal custody, the parents make important decisions about the child together. It doesn't matter which parent the child lives with; both parents must agree on decisions together. If the judge grants one parent sole legal custody, only one parent has the right to make important decisions for the child.
If there is no court order, both parents have equal rights to physical and legal custody of the child. When a parent has more than 50% of the custody time with the child, that parent will be determined to have primary physical custody of the child, giving that parent some authority to make decisions in the absence of an agreement, as well as certain tax credits in the absence of an agreement. The non-custodial parent is the parent who has less than 50% of the physical custody time with the child. Legal custody is the one who has decision-making power over things such as education, religion, health care, and the general welfare of the child.
Under the New York Child Support Rules Act, the non-custodial parent must pay child support to the custodial parent according to the formula established by the State, which is a percentage of their gross income after deductions from their FICA withholding (which is 7.65% of their income). Custody X Change is software that helps parents create a joint custody program and custody agreement. Some states require that both parents have a minimum amount of time with the child for the agreement to be labeled joint physical custody. Courts in these states will order joint physical custody as a default, unless a parent can prove that it would be harmful to the child.
Sole custody means that Father A has the authority to make decisions about the child; non-custodial Father B may have the right to receive certain information, such as medical or educational information, but he doesn't make the decisions. There really is no legal definition of “full custody” in New York State; the terms are sole custody and joint custody, and the types of custody are physical and legal custody. If you and your spouse cannot agree on your child's custody agreement, then custody can be determined through Family Court or as part of a divorce lawsuit. As long as you have more than 50% of the physical custody time with the child, you will be considered the primary custodial parent and will allow you to receive child support from the other parent.
If the judge grants sole physical custody, the child lives with this adult more than 50% of the time and this person is the party in custody and the non-custodial party will receive visitation.
