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What is the legal difference between a custodial parent and the residental parent?

What is the legal difference between a custodial parent and the residental parent?

Full question:

What is the legal difference between a custodial parent and the residental parent?

Category: Divorce
Subcategory: Child Custody
Date: 04/07/2025
State: New York

Answer:

While there is no statutory distinction between physical and legal custody, understanding these concepts is the first step in understanding a custody proceeding. Physical custody refers to where the child lives. Physical custody is sometimes known as residential custody. Legal custody refers to which parent has the legal authority to make decisions involving the child. The three most significant issues involving legal custody are religious, educational and medical decisions. An order of custody is always subject to an order of visitation for the non custodial parent. In some states, the terms custody and visitation are not used, instead the term of art is "parenting time". New York is slowly moving in that direction, however, no matter what term is used the underlying concepts remain the same.

Joint custody means joint legal custody, and not how much time the child spends with each parent. Joint custody gives both parents equal decision making authority. Joint custody will allow both parents an equal role in rearing their children, provided both parents can work together to make joint decisions. However, equal authority also means that each parent has an absolute veto over the decisions of the other parent, meaning that complete deadlock on decisions involving the child will result if a mutual agreement cannot be reached. For this reason, courts in New York have held that joint custody is appropriate on consent of both parties, but is not appropriate after a hearing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is primary residential parent the same as custodial parent?

Yes, in most contexts, the terms 'primary residential parent' and 'custodial parent' are used interchangeably. Both refer to the parent with whom the child primarily resides and who has physical custody. This parent is responsible for the day-to-day care of the child. However, legal custody, which involves decision-making authority, can be shared between parents, even if one is designated as the primary residential parent.

What is the difference between a residential schedule and a parenting plan?

A residential schedule outlines where the child will live and when they will spend time with each parent. It typically details the days and times for visitation. A parenting plan, on the other hand, is a broader document that includes the residential schedule but also covers decision-making authority, communication between parents, and how to resolve disputes. Both documents aim to ensure the child's best interests are met.

What does it mean to be a residential parent?

Being a residential parent means that you are the parent with whom the child primarily lives. This parent has physical custody and is responsible for the child's daily care and upbringing. The residential parent may also have legal custody, allowing them to make important decisions about the child's education, health, and welfare, although legal custody can also be shared with the other parent.

What defines a custodial parent?

A custodial parent is defined as the parent who has physical custody of the child, meaning the child lives with them most of the time. This parent is responsible for the child's daily needs and care. Custodial parents may also have legal custody, which gives them the authority to make significant decisions regarding the child's upbringing. Custodial arrangements can vary based on court orders and agreements between parents.