What is a custodial parent?

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?

Physical and legal custody are both involved in child custody arrangements. While physical custody refers to the actual placement of the child with one parent, legal custody covers a different area. 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.

Can I have legal custody if I’m not the custodial parent?

Even if parents are not granted physical custody, they may still be able to gain legal custody. They can still be involved in their child’s life even without the role of being the custodial parent. With legal custody, they are given the right to decide on important matters in their child’s life. Our professional attorneys encourage you to fight for legal custody even if you are not given physical custody of your child. If the child custody arrangements are not working for you and your former spouse, there is an opportunity to have them modified in the future. You can file an action with the court to bring your case to litigation.

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.