In New York, physical custody and residential custody refer to different aspects of a child custody arrangement.
1. Physical custody: Physical custody refers to the parent with whom the child lives the majority of the time. The parent with physical custody is responsible for the day-to-day care of the child, including providing food, shelter, clothing, and other necessities.
2. Residential custody: Residential custody refers to the parent who has legal authority to make major decisions about the child's upbringing, such as education, medical care, and religious upbringing. Even if the parents share physical custody, one parent may have residential custody and the authority to make these major decisions.
It's important to note that in New York, there are two types of custody arrangements: joint custody and sole custody. Joint custody means that both parents share physical and legal custody of the child, while sole custody means that one parent has both physical and legal custody.
In joint custody arrangements, the parents may share physical custody equally, or one parent may have primary physical custody while the other has visitation rights. In either case, both parents typically share legal custody and make decisions together about the child's upbringing.
In sole custody arrangements, one parent has physical and legal custody, while the other parent typically has visitation rights. The parent with sole custody has the legal authority to make major decisions about the child's upbringing without consulting the other parent.