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What is the difference between legal custody and physical custody in New York?

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Legal custody refers to a parent’s authority to make decisions about a child’s education, health care, and general welfare. Physical custody relates to where the child primarily resides and which parent oversees the child’s daily care. Both types of custody can be shared (joint) or awarded to one parent (sole), depending on what the court determines is in the child’s best interests. Visitation arrangements are typically made for the non-custodial parent if physical custody is not shared.

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