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Queens Physical Custody Assistance

Who gets custody?

If you are getting a divorce and have children under the age of eighteen, your biggest concern more than likely revolves around who is going to get the kids. At the Law Offices of Donald Mastrodomenico, P.C., we want you to know that we understand how important this matter is, and we are here to use our knowledge and over 100 years of combined experience of experience to help you as a parent, pursue the outcome that you desire.

Unlike many firms that practice multiple areas of law, our firm strictly focuses on divorce and family law issues. Each year, our firm handles over 700 cases; therefore, you can be confident in our ability to understand your situation, and to find the best legal strategy to effectively resolve the issue at hand.

What is physical custody?

In New York, when a judge issues a custody order, the order addresses the two aspects of child custody: legal custody and physical custody.

  • Physical custody (also known as residential custody) refers to the actual physical care of a child, or more specifically, who the child lives with on a day-to-day basis.
  • Legal custody refers to the right to make major decisions about one's child. Such decisions include where the child attends school, and what religion the child is raised in.

If a child usually lives with one parent, then that parent will have physical or residential custody; however, it does not mean that they will have legal custody. For example, your child can live with you during the week and the other parent on the weekends, but it's still possible for you to have physical custody and the other parent to have legal custody.

Who decides on child custody?

If parents are unable to reach an agreement about child custody, the court will hold a hearing to hear testimony from both parents. The court may also appoint a lawyer to represent the child. Once the judge hears evidence from both sides, the judge will award custody based on the best interests of the child.

Usually, the parent who is not awarded physical custody will still be entitled to visitation with their child. When the judge decides on a visitation schedule, a parent may get weekend visitation, weekday visits, and/or a division of holidays, summer breaks, and school recesses.

Contact a Queens Child Custody Attorney

Your child custody matter is very important, and we strive to ensure that you are satisfied with the outcome of your child custody proceedings. To make things easier on clients, we offer free case evaluations – schedule your appointment with a Queens divorce lawyer from our firm today!

Call our Queens family law firm at (718) 268-8111.


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  • 10 Best American Institute of Family Law Attorneys
  • Expertise 2020

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