When parents are separating or divorcing, child custody is often a major point of contention. Parents who cannot get along may have trouble agreeing to any plan, and even those who are trying to place their children first may find they disagree on important basic issues. Among the most basic is physical custody of their child or children.

An award of physical custody determines where the children live. The parent with physical custody (also known as residential custody) cares for the children on a day-to-day basis most of the time. Parents may be awarded joint physical custody in New York - but generally speaking, this will be awarded only when the parents have shown they can get along and follow court orders.

Physical custody determines who is most likely to be by the children's side in day-to-day life - who experiences the joys and difficulties of being a parent and makes decisions first. PhysicalCustody.com is here to assist parents seeking physical custody of their children in New York, as part of a divorce, separation, child custody order or modification of child custody. If you're facing a court case this important, you should seriously consider hiring a New York child custody lawyer.

New York courts have the power to award two types of child custody. Physical custody, as discussed above, is the right and responsibility to live with your children and take charge of their daily care. Legal custody is the right and responsibility to make major decisions for and about your children. Often, decisions about education, medical needs and religion are the most important to parents and also the most controversial.

Both types of custody can be sole custody or joint custody shared by both parents. It's most common for parents to share legal custody, as long as both are fit parents and can agree on important matters. Parents in this situation may also share physical custody, which means the children can split their time between the parents in any way the parents and the court agree to.

Even if the court does not award joint physical custody, it may still award visitation rights to the non-custodial parent. If the circumstances require it, the court may order that those visits be monitored or that the hand-off between parents take place in a monitored or public place.

The easiest (and least expensive) way to determine child custody in New York is to draw up an agreement between the parents. The agreement should layout whether you have joint legal custody and joint physical custody, and if so, how you intend to share them. Because this agreement is likely to become a binding court order that's hard to change, it's strongly recommended that you get help from an experienced New York child custody attorney. The Family Court has the power to reject this agreement or turn it into a court order.

When the parents can't agree, the Family Court will issue a binding court order. This can be necessary in circumstances where the parents are too hurt to put aside their differences or when one parent is accused of serious wrongdoing like domestic violence.

When the court believes parents are using child custody as a way to hurt one another, it may take special measures to determine custody. Family courts have the power to appoint a forensic evaluator (usually a social worker or mental health professional) to determine the fitness of each parent. For children caught between their parents, it may appoint a Law Guardian, who is an advocate for the interests of the children only. This is usually an attorney with experience in custody issues, who will talk to the children and others in their lives to determine what arrangement is best for the children.

Most child custody cases take place in New York's Family Courts. If the custody case is part of a divorce, it's possible that the Supreme Court for your area will determine it when it rules on the divorce. If the court believes the parents could try harder to agree on child custody, it may order them to mediation. This is an out-of-court process a little like a guided conversation, supervised by someone who understands the law and can help them find areas where they agree.

By law, New York courts must determine custody based on the best interests of the children. Many things go into determining what those best interests are, including:

• who has been the primary caretaker
• the fitness of each parent and the quality of the home environment
• who the children currently live with
• each parent's ability to provide financially, emotionally and intellectually
• the children's own wishes, if they are old enough
• proven allegations of domestic violence or substance abuse
• whether one parent has tried to interfere with visitation by the other

Mothers are no longer given explicit priority over fathers - although studies have shown that they generally get custody in contested cases. Fathers who believe they're being discriminated against should get in touch with a New York child custody lawyer immediately.

Family members who are not parents may be awarded custody if the court believes neither parent is fit. However, parents are prioritized over non-parents, so other family members should be prepared to demonstrate a serious problem with the parents, such as substance abuse or mental illness.

When parents are separating or divorcing, child custody is often a major point of contention. Parents who cannot get along may have trouble agreeing to any plan, and even those who are trying to place their children first may find they disagree on important basic issues. Among the most basic is physical custody of their child or children.

An award of physical custody determines where the children live. The parent with physical custody (also known as residential custody) cares for the children on a day-to-day basis most of the time. Parents may be awarded joint physical custody in New York - but generally speaking, this will be awarded only when the parents have shown they can get along and follow court orders.

Physical custody determines who is most likely to be by the children's side in day-to-day life - who experiences the joys and difficulties of being a parent and makes decisions first. PhysicalCustody.com is here to assist parents seeking physical custody of their children in New York, as part of a divorce, separation, child custody order or modification of child custody. If you're facing a court case this important, you should seriously consider hiring a New York child custody lawyer.

Physical custody is a vitally important part of child custody. It determines who controls the children's daily lives, who makes decisions first and what influences will be around the children. And of course, it determines whether you as a parent will have the privilege and responsibility of parenting full-time. If you're fighting for custody of your children in New York, it's important to have an experienced, committed advocate on your side.