In New York Family Court, the term “full custody” is commonly used by parents, but it is not a formal legal category. What many people call “full custody” usually refers to one parent having sole legal custody or primary physical custody. In some situations, people confuse this term with a much more serious legal outcome: the termination of the other parent’s parental rights, which is rare and requires a separate court proceeding.

New York custody orders typically address two different types of custody: legal custody and physical custody.

Legal custody refers to a parent’s authority to make major decisions for a child, including issues involving education, healthcare, and religion.
Physical custody refers to where the child primarily lives and how parenting time is shared.

Family courts in New York generally recognize several custody arrangements:

• Sole Legal Custody: One parent has the authority to make major decisions for the child without needing the other parent’s agreement.
• Joint Legal Custody: Both parents share decision-making responsibility for important matters affecting the child. Often, the court will also award one parent final decision making authority, which allows that parent to make a decision after consulting with the other parent.
• Primary Physical Custody: The child primarily lives with one parent while the other parent typically has scheduled parenting time.
• Joint Physical Custody: The child spends equal time living with both parents according to a structured schedule.
• Sole Physical Custody: The child lives almost entirely with one parent, with little or no parenting time for the other parent. This arrangement is less common and usually occurs when circumstances require it.

When determining custody arrangements, New York courts focus on the best interests of the child, considering factors such as the child’s stability, each parent’s ability to care for the child, and the parents’ ability to cooperate.

If you are involved in a custody dispute, a New York family-law attorney can help explain your options and seek a custody arrangement that protects your child’s well-being.