Page "New York divorce law" Paragraph 30

# Child Custody-physical custody ( where is the child's main residence ) and legal custody ( who makes decisions about the child ) are the two elements of custody.

Custody may be joint ( shared by consent between the parties ) or it may be sole as determined by agreement or by court order.

Before custody is awarded the court usually undertakes various investigative steps to determine what is in the best interests of the child or children.

If custody is not decided upon by consent ( with the court and a court appointed law guardian representing the child ) then a hearing takes place at which both parties present evidence to determine who should have custody in the best interests of the child ( or children ).