If your former spouse tries to relocate with your child, you may become emotional about this subject. You do not want your child to be farther away from you. This can give you a hard time getting to spend time with your child and developing your relationship even further. When this situation arises, you should seek the help of an attorney to defend your case. If you believe this relocation can have a negative impact on your child, it is important to speak up. This can greatly alter their life and yours as well. A judge will try to decide for the best interests of the child. They will take into account how this can have an impact on the child. Usually, the judge will recognize that there should be an open form of communication with the child and both parents. This is to encourage healthy relationships for the child’s growth. The judge will ultimately make their final decision on the matter.
Is physical custody more important than legal custody?
Physical and legal custody are two forms of child custody that are involved in the arrangements. However, neither one is necessarily more important than the other. They apply to different areas. Physical custody names one parent as the custodial parent. This means that the child will reside with them most of the time. They may spend time with their other parent and stay in their residence sometimes. However, their custodial parent spends more time with them. Due to this, this parent may also be given child support to help with the financial responsibility of having the child live with them consistently.
Legal custody gives a parent the ability to make important decisions for the child. This can include the child’s medical treatment, their education, religion and much more. With this form of custody, parents are still involved in big decisions in the child’s life. This can include the relocation of their child. Even though they may not have physical custody of the child, they still should have a say in the matter. Child relocation matters can be very tough for them and they should share their concerns to prevent this from occurring and damaging their relationship.
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 consultation.