Legal Custody And Residential Custody
In the divorce of a couple who has children, a custody agreement must be reached. There are two different types of custody agreements that can take place. The first type of custody is called legal custody and the second type of custody is what is known as residential custody.
In New Jersey, joint legal custody is a term that really has no definitive description. Joint legal custody generally means that the parties have some say, almost equally, in a lot of what happens with the children. In this situation, the parties who have been granted legal custody of the children are the ones who make decisions about the children’s schooling, medical or psychological issues, daily routines or religious affiliations.
Residential custody is a situation in which the children reside most of the time with the person who has this type of custody. However, this does not mean that the children only reside there. It means that this is where they reside for most of the time, and that is different than legal custody– joint legal custody because joint legal custody really has no definition.
It is possible for someone to have both sole legal and residential custody of your child or children. This would essentially remove a relationship between your children and the other parent who has lost custody altogether. Even in the event that you lose residential custody, one of the most important things that you can do is to ensure that you receive legal custody. This is crucial to maintain because this is the only way that you will be able to have a relationship with your child. If you lose legal custody, you will become merely a distant relative of your child and the relationship will likely be strained in the future.
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.