How are physical and legal custody different?

Child custody arrangements need to be made before divorces are finalized. Divorce can be hard on children since they may not be able to comprehend the full extent of it. It is important to recognize any signs of changed behavior that are present in the child. The custody arrangement that is made can have a big impact on them and how they react. When parents cooperate with one another and act amicably, they may be able to ease the child’s transition. Whether a parent acquires physical or legal custody, they are still involved in their child’s life. Physical custody gives one parent the title of custodial parent, meaning that the child will reside with this parent on a regular basis in their home. The custodial parent is the one that they will see more of the time. The non-custodial parent may be given visitation rights or parenting time. Legal custody refers to the ability to make decisions for your child even if you do not have physical custody. When parents are given this right, they can decide on important issues for the child’s well-being. This can include the child’s education, religion, medical treatment and more. With this role, the parent can still be given authority over their child’s life even if they are not named as the custodial parent.

What if my former spouse fails to follow custody arrangements?

Custody arrangements are court-mandated agreements that spouses need to follow after they are done resolving their marital issues. This means that they are legally binding and they must be followed. Parents must follow these arrangements or they may face penalties in retribution of their lack of cooperation. If your former spouse is not cooperating with the agreement that was made, you have the right to file a motion with the court. The judge can review the case and figure out a final decision. Your former spouse may face consequences for their inability to cooperate. They may even be held in contempt of court since they failed to follow a court order. By failing to follow custody arrangements, parents can jeopardize their relationship with their child since they may not be given as many rights as their guardian.

Ross and Calandrillo, LLC is a full-service divorce, family, and real estate law firm located in Mountainside, New Jersey. For strong legal representation in all of your divorce or family law matters, contact Ross and Calandrillo, LLC to schedule a free consultation.