Brooklyn Legal Physical Custody Attorney

When parents separate or divorce, one of the most important decisions involves where the child will live on a day-to-day basis. This is called legal physical custody. In New York, physical custody determines which parent provides the child’s primary home and daily care, while also affecting the amount of time the child spends with each parent. At The Gilmer Law Firm, PLLC, we help parents understand their rights and responsibilities so they can create custody arrangements that support their child’s well-being.

What Legal Physical Custody Means

Legal physical custody focuses on the child’s living arrangements. The parent with physical custody is responsible for providing the child’s home, meals, clothing, and daily structure. While joint legal custody addresses decision-making, physical custody is about where the child primarily resides.

Physical custody can take different forms in New York, including:

Sole physical custody – The child lives with one parent most of the time, while the other parent may have visitation or parenting time.
Joint or shared physical custody – The child divides time between both parents’ homes, though this arrangement must be practical and in the child’s best interests.

Even when one parent has sole physical custody, the non-custodial parent typically has visitation rights unless there are safety concerns.

Daily Responsibilities of the Custodial Parent

The parent with physical custody assumes many of the day-to-day responsibilities involved in raising a child. These responsibilities often include:

Providing food, clothing, and shelter
Ensuring school attendance and homework completion
Managing extracurricular activities and social schedules
Overseeing health and medical needs on a daily basis
Creating structure and routines in the child’s life

We work with parents to create custody arrangements that clearly outline these roles so both parents understand what is expected.

Factors Courts Consider in Physical Custody Cases

In New York, courts decide custody issues based on the best interests of the child. When determining physical custody, judges may consider:

Which parent has been the primary caregiver
The stability of each home environment
The child’s relationship with siblings and extended family
Each parent’s work schedule and availability
The child’s wishes, depending on age and maturity
Any history of domestic violence, neglect, or substance abuse

Courts strive to keep children in a safe, stable, and supportive environment. We present evidence and arguments that highlight why your proposed custody arrangement best supports your child’s development and well-being.

Benefits of a Clear Physical Custody Arrangement

When parents have a clear agreement about physical custody, children benefit from consistency and security. A well-structured arrangement:

Provides children with a stable home environment
Reduces confusion and conflict about schedules
Ensures both parents understand their parenting time
Gives children the opportunity to build strong bonds with both parents

Our role is to help parents negotiate and draft agreements that prioritize the child’s needs while respecting each parent’s rights.

Challenges Parents May Face

Physical custody disputes can be emotionally charged. Parents may disagree about which home is best, how parenting time should be divided, or whether one parent’s lifestyle supports the child’s needs. In some cases, concerns about safety or stability require the court’s intervention.

We understand how difficult these disputes can be. At The Gilmer Law Firm, PLLC, we work to resolve conflicts through negotiation when possible and provide strong courtroom advocacy if a decision must be made by a judge.

How We Can Help

Our team supports parents through every stage of the custody process. We can:

Explain your rights and options under New York law
Negotiate custody agreements tailored to your family’s circumstances
Represent you in court if disputes cannot be resolved
Assist with modifications when circumstances change, such as a move or new work schedule
Protect your parental rights while focusing on your child’s well-being

Frequently Asked Questions

Does physical custody mean one parent loses decision-making rights?

Not necessarily. A parent may have joint legal custody (shared decision-making) while one parent has primary physical custody (child lives with them most of the time).

Can physical custody arrangements be changed later?

Yes. Custody orders can be modified if there has been a significant change in circumstances and the modification is in the child’s best interests.

What if parents live far apart?

Courts may award sole physical custody to the parent who can provide a more stable home, while granting the other parent scheduled visitation, including extended time during school breaks or holidays.

Contact an Experienced Brooklyn Legal Physical Custody Attorney

Determining physical custody can be one of the most challenging aspects of a divorce or separation, but you don’t have to go through it alone. At The Gilmer Law Firm, PLLC, we will help you understand your rights, advocate for your parental role, and work toward a custody plan that keeps your child’s best interests front and center.