Who is the custodial parent in a divorce?
During divorces, some couples will enter into litigation to decide on marital issues. These issues can include the division of assets, alimony, child support and child custody. Since child custody matters do not involve possessions, but rather a parent’s greatest accomplishment, this can be a very emotional matter. Judges will consider a variety of factors when deciding on the child custody arrangement. During these cases, judges keep the best interests of the child in mind. They want to ensure that they are growing up in a healthy and safe environment.
If a parent is granted with physical custody of their child, they may be referred to as the custodial parent. This is due to the fact that the child will reside with them most of the time. The other parent may be granted some kind of visitation rights or time with their child. However, the custodial parent is who the child formally resides with. They will spend more of their time with this parent.
What are the types of custody for children?
There are two main custody decisions when deciding child custody. These include physical and legal custody. Physical custody decides where the child will spend more time living per week. This parent will then be known as the custodial parent. They will have more time with their child on a weekly basis since the child will reside with them most of the time. However, the other party may have consistent access to the child and nights of their own where the child can stay with them in their home. The best of cases have shown parents working together to accommodate the child’s interests in any way possible. They also can work together to make sure that they are both receiving the time they need with their child to maintain a healthy relationship.
Legal custody allows parents the authority to make important decisions in a child’s life. These decisions can be related to matters of health, education, religion and general welfare of the child. A parent may lose physical custody, but still be able to obtain legal custody. Even if a parent loses physical custody of a child, they may be entitled to visitation rights and parenting time.
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.