Are physical and legal custody different?

When spouses decide to file for divorce, there are many more decisions that need to be made. They will have to discuss various issues that can affect their lives. This can relate to their finances and possessions. It can also involve children that they have together. When children are involved in a divorce, parents may find it to be a more emotional time. However, at this time, an attorney can help ensure that you are given the proper amount of time with your child through custody arrangements. As a parent, you want to see what is best for your child done. By making the right custody arrangement, you can maintain your child’s well-being.

Physical custody allows one parent to have the children live with them. This makes them the custodial parent, giving them the responsibility of being a live-in guardian of the child. This role means that the child will reside with this parent on a regular basis. Although the child may be able to spend time in their other parent’s home, the custodial parent is the one that they will see more of the time. Legal custody refers to the ability to make decisions for your child. When parents are given this right, they can decide on important issues for the child’s well-being. This can include the child’s education, religion, medical treatment and more. With this role, the parent can still be given authority over their child’s life even if they are not named as the custodial parent.

What if my former spouse fails to follow custody arrangements?

Custody arrangements are court-mandated, meaning that they must be followed by spouses in order to show that they are following legal orders. If spouses fail to follow these orders, they may prove to be in contempt of court and jeopardize their custody of their children. Parents must follow these arrangements or they may face penalties. If your former spouse is not cooperating with the agreement that was made, you have the right to file a motion with the court. The judge can review the case and figure out a final decision. Your former spouse may face consequences for their inability to cooperate. Arrangements can be modified if parents are in need or if children are in need of a change. Whether your former spouse is failing to adhere to them or there are other life interferences, you can enter into court to get your current custody arrangement modified. Since new circumstances can arise, this can be beneficial. The judge will always consider the health and safety of the child first. If the health or safety of the child is being compromised due to the current arrangement, this is another reason that can lead to a modification.

The Law Office of Toby Grabelle, LLC is a family and divorce law firm serving Monmouth County and all of New Jersey that would be happy to assist you in legal counsel. If you need quality legal services, contact the firm for a consultation.