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There are two recognized types of custody: (i) legal custody and (ii) residential or physical custody. Legal custody refers to a parent's right and responsibility to make decisions concerning the health, welfare and education of a minor child, such as, for example, what schools the child attends, what religion the child follows, when the child may begin driving a car, etc. [read more]

Residential or physical custody simply refers to the place of a child�s primary residence. In New York the age of majority for purposes of custody is 18. (Both parents remain obligated in New York to support their children, however, until the age of 21.)

The determination of custody is based on the "best interests of the child." New York courts consider a variety of factors in determining what is in �the best interest of the child,� including:

� The child's age, sex, mental and physical health
� The parent's mental and physical health
� The parent's lifestyle
� Any history of child abuse
� The emotional bond between the parent and child
� The parent's ability to provide for the child
� The child's regular routine
� The quality of the child's education
� The child's preference once the child reaches an appropriate age (usually over 12)

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A concept related to custody is visitation, otherwise known as parenting time or parental access. Under New York law, a parent who does not have primary custody of a child will generally be allowed reasonable visitation unless a court determines that visitation would in some way endanger the child or adversely affect the child�s well being.