How do I become the custodial parent?
During litigation for divorces, judges will decide on important marital issues so that spouses can move forward with their lives. These decisions can include a variety of topics, such as alimony, child support, the division of assets and child custody. Since custody arrangements involve the children, they can be particularly sensitive cases. With this case, it has the power to influence your relationship with your child and how much you will be able to see them. That is why it is important to acquire legal counsel throughout this process. You should fight for physical custody in order to be the custodial parent of your child.
By having physical custody of your child, it will give you more time with them. This will make you the custodial parent. As the custodial parent, your child will reside with you most of the time. Depending on your custody arrangement, they may stay with their other parent overnight on occasion. However, in the end, the custodial parent will be with the child more often. Due to this, as a custodial parent, you may be entitled to child support from your former spouse.
What does legal custody control?
While physical custody grants more time with your child, legal custody allows you to make decisions in your child’s life. These decisions can involve where they go to school and what religion they practice. It can also involve the welfare of the child, including their medical decisions. With this role, parents are able to still be involved in their child’s life even if they are not granted physical custody. They may have the opportunity for visitation rights depending on the circumstances. It is always best to fight for custody of your child whether it is physical or legal custody. You may be granted legal custody without physical custody.
Can these arrangements be changed?
Since judges can only consider the current situation during divorce proceedings, there is room for modifications in the future. Child custody arrangements may be changed due to a variety of reasons. The main aspect is that the judge will always act in the best interest of the child. Their health and safety is the most important part. If your former spouse is not following the proper arrangement that was made, you are able to file a motion that can bring the case to court. This can help to change the arrangement.
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.