The issue of child custody is perhaps the most emotionally charged aspect of divorce.
Under New York Law, the best interest of the children is the standard to determine who should have primary physical custody of the children.

There are two forms of custody, legal and physical.

Legal custody refers to the decision making with regard to health, education, and welfare of the children. Legal custody can be granted to one or both parents.

Physical custody refers to where the child lives. One parent may have sole physical custody, and the other may have visitation rights. It is possible for both parents to have physical custody, which means the children will split their time and reside with each parent for an agreement period of time.

The non-custodial parent will have visitation or parenting time with the children.