What are the legal requirements for full custod?

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What are the legal requirements for full custod?

Asked on November 20, 2012 under Family Law, New York

Answers:

Anthony Van Johnson / VANJOHNSON LAW FIRM, L.L.C.

Answered 8 years ago | Contributor

First of all, there are basically two types of custody: physical custody and legal custody.  Physical custody determines with whom the child will reside.  Legal custody deals with decision making as pertains to religious upbringing, extracurricular activities, health care issues and education.  When determining custody matters, the standard is "what is in the best interest of the minor children".  In contested custody matters, the court will hear the evidence presented by both parties in making its decision.  Often times, the Court will appoint a Guardian ad Litem to investigate and present a report with a recommendation to the court on that issue.  Generally, the Court will look at the fitness of each parent, financial ability, living conditions, familial relationships with the child, etc.


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