NY family law attorney Ken Jewell explains the difference between physical and legal custody in New York. He explains that physical custody determines where the children will reside and the time they will spend with the non-custodial parent. Essentially, it establishes a parenting time schedule.

Legal custody, on the other hand, concerns decision-making. It involves determining educational, medical, religious, and other important matters affecting the children’s lives. In New York, the courts generally presume that these decisions will be made jointly, with both parents consulting each other and focusing on the best interests of the children.