When a parent is given sole custody after a divorce, it gives one parent the right to physical and legal custody of a child. For these cases, they usually occur when one parent is deemed unfit. As an unfit parent, the court may see that they are unable to raise a child. This can be due to various reasons, such as substance abuse issues. Without any form of custody, the parent does not get to have any authority over the child and the decisions in their life. The parent with sole custody will take on all of the responsibility for both parents. However, the parent without custody may still be given visitation rights, which can allow them to spend time with the child occasionally. Although this time may allow them some time to bond, it may be supervised to see the influence the parent can have on the child.
During divorce proceedings in litigation, a judge makes decisions for divorcing couples on important marital issues. One of these issues can include child custody arrangements. When custody arrangements are made, the judge considers many aspects that can affect the child’s overall well-being and their future development. The judge takes into account the child’s relationship with both parents, each parent’s lifestyle and many other factors that can affect the child’s best interests. Upon a decision, the judge will grant physical or legal custody to a parent. They may even grant both to one parent, making it a sole custody arrangement.
What’s the difference between physical and legal custody?
Physical custody gives a parent the role of the custodial parent. With this role, the child resides with them in their home on a regular basis. Although the child may spend time at their other parent’s home based on the arrangement, the child mostly resides with the custodial parent. They will spend more of their time with this parent usually. Legal custody gives parents the authority to make important decisions in their child’s life. These decisions can include the child’s education, medical care, religion and more. With this role, parents are still able to a part of their child’s life even if they are not given physical custody. They are still involved in the major aspects of their child’s well-being and can have an effect on the child’s life.
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.