Divorces settle on child custody arrangements when applicable to that case. This is an important aspect involved since it can greatly affect the life of the child. When judges decide on these cases, they take into account many different factors. They can examine the factors relating to each parent and how well they can provide for the child. The judge will decide on physical custody and legal custody for the child. If the parent is given physical custody of the child, they can be referred to as the custodial parent. The custodial parent is who the child will reside with. Although the other parent may have visitation rights, the custodial parent is the one who will spend more time with the child. Due to this, the custodial parent may be paid child support by the other parent to support the child’s living standards. This can help to provide for the child on a more consistent basis. Since the other parent does not have the child residing with them, they may not be providing for the child as much.
How does legal custody compare to physical custody?
Physical and legal custody are both involved in child custody arrangements. While physical custody refers to the actual placement of the child with one parent, legal custody covers a different area. Legal custody allows parents the authority to make important decisions in a child’s life. These decisions can be related to matters of health, education, religion and general welfare of the child. A parent may lose physical custody, but still be able to obtain legal custody.
Can I have legal custody if I’m not the custodial parent?
Even if parents are not granted with physical custody, they may still be able to gain legal custody. They can still be involved in their child’s life even without the role of being the custodial parent. With legal custody, they are given the right to decide on important matters in their child’s life. 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.
Our firm proudly serves clients throughout Rockland County, New York when they require compassionate and effective legal guidance. If you require experienced legal representation for any of your divorce and family law matters, contact the Law Offices of Mark S. Paige, P.C. today to schedule a consultation.