Parents are often facing difficulties during divorce if they are nervous about child custody arrangements. Physical custody of a child names one parent as the custodial parent. With this role, the parent will be the one that the child resides with most of the time. The child may have access to their other parent and stay at their home sometimes. However, their custodial parent is the one that they will see more often.
Can I be granted both forms of custody?
Parents may be granted a combination of both depending on the situation. In other cases, parents may be granted just physical or legal custody. If you are granted with physical custody, it does not automatically mean you are granted legal custody of the child. Parents who do not win physical custody of their child should still fight for legal custody so that they can be involved in their child’s life. Sometimes parents may be deemed unfit and are not given custody of their children. If this is in place, it is in the best interests of the child. The parent may still have access to the child through visitation rights, granting them at least some time with their child. However, it may be supervised visits depending on the case.
Can my former spouse be punished for failing to follow custody arrangements?
Custody arrangements are considered to be court orders, which means they are legally binding to the parents involved in the matter. A judge has ruled on the matter and made it clear that parents have a certain set of guidelines to follow in order to fulfill the custody arrangements made by them. They should be followed according to the ruling or there may be consequences.
If a situation arises where your former spouse is being uncooperative and not maintaining the outlined custody arrangement, you may be able to seek legal action. You can file a motion to bring the case to court and have a judge rule on the issue. This can lead to a custody modification. The judge may even find that your former spouse is in contempt of court since they are not following the right arrangement.
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.