Family Law Attorney Explains Joint Physical Custody in New York

Manhattan, NY - Legal standards have changed over the years regarding joint physical custody in New York. Now, family law attorneys must navigate an emotionally fraught time with clients to help them understand how their custody arrangements will affect them over the long term after all the emotions have died down.

Juan Luciano, Esq. is an experienced family law attorney in New York and helps direct his clients in a way that honors what they are going through and yet considers how their decisions today will affect their future and that of their children.

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In the past, divorce courts weighed in favor of the mother when determining physical custody as mothers historically stayed at home while fathers maintained outside employment. This has not been the case for decades, and now courts understand that, in most cases, children are best served when having access to both parents.

“Physical custody refers to where the couple’s children will legally live after the divorce. Joint physical custody is shared between the two parents, and the child will spend substantial time living with both. While joint physical custody says that there will be some form of movement between the two parent’s homes, it will not necessarily mean a 50/50 split between homes. In the best of cases, a joint physical custody arrangement will consider what is most convenient for both parents,” said Mr. Luciano. “Unfortunately, in the heat of divorce, many parents are unable to come to agreements, especially when it comes to child custody and child support. When the courts get involved, they have lost the right to determine what is best for their children, and it becomes the court’s decision. This is where a family law attorney often must breach that gap between parties, trying to overcome the intense emotions of the present while considering the future.”

Joint physical custody can be very flexible when considering parents’ schedules and obligations. What one parent cannot accommodate during the week, they can get more parenting time on weekends or holiday and school breaks. Many different schedules are commonly used for parents who share joint physical custody.

“Research has continued to show that children benefit when both parents are actively involved in their lives. Joint physical custody will ensure that. However, many couples have a difficult time coming to these agreements during a time of great animosity. Family law attorneys must strive to bring couples back to what will ultimately be in their best interests and their children’s best interests. They may benefit greatly from shared physical custody down the road, but right now, it is a touchpoint that many clients have difficulty seeing past. Once the courts get to decide, they must live with that decision, for better or worse.”

Child custody matters are often complicated and seldom easy. During his 15 years practicing family law in New York City, Mr. Luciano has taken the time to understand his clients’ needs and emotions while guiding them through challenging child custody issues.

Those interested can learn more about him and his practice at


For more information about Divorce Lawyer J. Luciano | Contested Divorce Attorney | High Net Worth Divorce | Child Support | Custody, contact the company here:

Divorce Lawyer J. Luciano | Contested Divorce Attorney | High Net Worth Divorce | Child Support | Custody
Juan Luciano
(212) 537-5859
347 5th Ave #1003
New York, NY 10016