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Parents Rights: In New York, unmarried mothers automatically have full legal and physical custody of the child. This is the case unless the mother is deemed unfit. The father can consult with a Brighton Beach Child Custody Attorney or Brighton Beach family law attorney to make a custody agreement.
There are two types of legal custody. Sole custody means that one parent has the authority to make decisions about the child. The non-custodial parent may have the right to receive medical or education information, but he/she does not make the decisions.
What Is Joint Custody in New York? In New York, joint custody refers to both parents having legal custody of the child. There is both legal custody and physical custody. Legal custody grants the authority to make decisions for the child such as those regarding medical care, education and religious practices.
Sole custody means that Parent A is granted the authority to make decisions about the child - the non-custodial Parent B may have the right to receive certain information, like medical or education information, but they don't make the decisions.
Joint legal custody means the parents have to consult and agree on all major decisions involving the child, which include matters such as medical, religion, school, extracurricular activities. Sole legal gives one parent the sole decision making authority on these matters.
Merely having primary custody of the child?or even having sole custody of the child?does not entitle you to relocate the residence of the child, at least not to a location far enough away that it would affect the non-custodial parent's visitation rights.
If the Judge gives one parent sole legal custody, only one parent has the right to make major decisions for the child. Whoever has physical custody, also known as residential custody, is responsible for the actual physical care and supervision of a child.