Difference Between Legal And Physical Custody
When discussing child custody, you might encounter difficult issues in a divorce or family law case. That’s why knowing and understanding the difference between legal custody and physical custody is fundamental for parents seeking to maintain a strong relationship with their children and establish a stable co-parenting arrangement. Suppose you’re going through a divorce or custody disagreement. In that case, your best option is a child custody lawyer to help you navigate the process and advocate for the best interests of your family as a family lawyer can attest.
What Is Legal Custody?
Legal custody means the parents’ right to make major decisions on behalf of their child. This includes choices regarding education, healthcare, religion, and quality of life. The legal custody can be awarded solely to one parent or jointly to both. But when parents share joint legal custody, they must work together to make crucial decisions, even if the child primarily lives with one parent.
What Is Physical Custody?
Physical custody refers to the agreement that determines where the child resides on a day-to-day basis. It can also be sole or joint. In sole physical custody, one parent lives with the child while the other usually has visitation rights. But, in joint physical custody, the child can spend time with both parents at their respective homes. Some courts are really strict about ensuring that both parents stay involved in the kid’s life, although the exact schedule of interaction can vary depending on the circumstances.
Can One Parent Have Both Sole Legal And Physical Custody?
Yes. If the court finds it in the child’s best interest, one parent may be awarded both sole legal and sole physical custody. This is more likely in situations involving abuse, neglect, or an inability of one parent to provide a stable environment as our friends at Vayman & Teitelbaum, P.C. can explain.
What Do Courts Consider Before Making Custody Decisions?
Most courts always focus on the best interests of the child. Judges consider factors like each parent’s involvement in the child’s life, their monetary ability to provide for the child’s needs, the home environment, and, depending on age, the child’s own preferences. Stability, safety, and parental cooperation are key components in custody decisions.
Can Custody Be Modified Later?
Sure. Custody arrangements can be modified if there’s a major change in a parent’s circumstances, such as a relocating, changes in the child’s needs, or concerns about the child’s safety. A custody lawyer can help you file a modification request and present evidence supporting your case.
Whether you are just beginning the divorce process or seeking to update an existing arrangement, a lawyer will be there to help you protect your relationship with your child and work toward a resolution that supports their well-being. They will also assist with related family law matters, including child support, visitation, parenting plans, and more.
Contact A Lawyer Today
If you have any doubts about legal and physical custody or need personalized guidance for your case, contact a lawyer near you today. Speak with a client coordinator to schedule a consultation with a trusted custody lawyer.