Couples need to consider a variety of marital issues when they are going through the divorce process. If they are going through mediation, they are able to decide on these issues by cooperating with one another. Otherwise, a judge can decide on these issues in court where you may not have as much control. When a judge decides on cases, they will always look out for the best interests of a child that is involved in child custody arrangements. Sole custody is a term used to refer to instances where a single parent is granted legal custody and physical custody of a child. This is usually the case where the other parent is deemed unfit. The parent may be deemed unfit due to abuse, alcoholism, use of drugs or many other factors. They are not given custody of their child. Instead, they may be granted with certain visitation rights. Their visitation time may be the only time they spend with their child and it may also be supervised depending on the situation. Sole custody can be a form of custody that does not satisfy both parties.
Can legal custody be attained without physical custody?
When one parent is granted physical custody of a child, the other parent may be granted legal custody of the child. Legal custody rights give a parent the ability to make decisions for the child regarding aspects of their life. They can make decisions on the child’s education, religion, medical history and more. This keeps the parent involved in the child’s life. Even if they are not granted physical custody, they can still be granted legal custody and have control. Physical custody names one individual as the custodial parent. As the custodial parent, the child will reside with them. Since the child will live with them, they will spend more time with the child than the other parent. For these arrangements, it is important to focus on the needs of the child that is in the arrangement. Parents may not get the time they want with their child, but this can change in the future. Certain circumstances can lead a parent to file a motion with the court to modify the custody arrangement. This should only be done if it will benefit the well-being of the child. A judge will try to investigate the matter to determine the best possible outcome for the child’s health and safety.
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.