How are physical and legal custody different?
Once a divorce is decided on, there are still many decisions to be made. These decisions are either made by the couples in an cooperative manner or by a judge during litigation. If children are involved in the family structure, the divorce may require more decisions regarding the parents’ involvement in the children’s lives. For decisions involving the children, parents may grow more worrisome as this can be a sensitive matter for them. They want to have as much time with their children as possible. For child custody arrangements, physical and legal custody are decided to implement a custody arrangement that can determine where the child will live and how their relationships with their parents will be affected. These matters decide who the child will spend more of their time with and how much they will see their non-custodial parent. It can also include child support matters as well.
Physical custody gives one parent the title of custodial parent. With this role, the custodial parent will have the child live with them on a regular basis. However, the other parent may be entitled to time with their child as well. It may not be as much as the custodial parent though. Legal custody refers to a parent’s ability to make important decisions for their child after divorce. When parents are given this power, 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 spouse is not following the arrangement?
If you are in a situation where your spouse is not cooperating with the proper arrangement made, you have the ability to bring them to court. Since marital issues are a court-ordered agreement, they legally need to be followed. Your spouse can be held in contempt of court if they refuse to adhere to the correct custody arrangement. When this occurs, there may be a modification made to the custody arrangement for the child’s sake.
The Pollack Law Firm, P.C. understands that divorce and family law matters can be very complicated and emotional. They require strong legal representation from a compassionate attorney. Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.