When divorces are decided between spouses, there are more decisions that need to be made as well. These decisions can be done by the spouses during mediation sessions or in court. With these decisions, there may be a lot at stake. Not only can these decisions decide on the financial future of the spouses, but it can decide the fate of a parent-child relationship. Parents can be very sensitive to issues involving their children during divorce cases.
Custody of a child is a difficult concept that divorcing couples may struggle with. If they are unable to make decisions together, they may have to enter into litigation. In court, a judge can decide who has physical custody of the child. This grants the parent as the custodial parent after divorce. The role of custodial parent means that the child will reside with this parent on a regular basis. Based on the arrangement, they may also get to visit their other parent and stay in their home. Since the custodial parent is the one who will spend more time with the child, they may be paid child support by the other parent to support the child’s living standards.
How does legal custody compare to physical custody?
Physical and legal custody are both aspects that refer to the arrangements of a child custody agreement that parents must follow after divorce. Physical custody refers to the actual placement of the child in a residence with one parent. Legal custody gives parents the authority to make important decisions for the child. These decisions can be related to matters of health, education, religion and the general welfare of the child. A parent may lose physical custody, but they are still able to obtain legal custody.
Can I have legal custody if I’m not the custodial parent?
If parents are not granted physical custody of their child, they may still be able to gain legal custody. By gaining legal custody, they can still be involved in their child’s life even without the role of being the custodial parent. Legal custody rights give them the ability to decide on important matters for the child’s overall well-being. Our professional attorneys encourage you to fight for legal custody even if you are not given physical custody of your child. If the child custody arrangements are not working for you and your former spouse, there is an opportunity to have them modified in the future. You can file an action with the court to bring your case to litigation.
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.