How does sole custody work?
Sole custody arrangements grant one parent both physical and legal custody of their child. These cases can occur when one parent is deemed unfit and does not get to have authority over the child by obtaining custody rights. They may not be granted rights to the child due to a variety of reasons. The parent takes with sole custody will take on most of the responsibility. The noncustodial parent may still be given visitation rights. This can allow them the time to bond with their children during specific times but they may not be involved in important decisions for their child since they do not have legal custody.
How are physical and legal custody different?
Divorce proceedings in litigation give a judge the ability to decide on marital issues for spouses. This can include child custody arrangements. When custody arrangements are made, the judge considers many aspects that can affect the child and how the parents can provide for them. They take into account the child’s relationship with both parents, each parent’s lifestyle and many other factors that can affect the child’s overall well-being. Upon their decision, they grant physical or legal custody to a parent. They may even grant both to one parent, which is how sole custody is structured.
Physical custody names one parent as the custodial parent. This role means that the child will reside with them on a regular basis. Although the child may spend time at their other parent’s home based on the arrangement, the child mostly resides with the custodial parent. They will spend more of their time with this parent usually. Legal custody gives parents the authority to make important decisions in their child’s life. These decisions can include the child’s education, medical care, religion and more. With this role, parents are still able to a part of their child’s life even if they are not given physical custody. They are still involved in the major aspects of their child’s well-being and can have an effect on the child’s life.
Can adjustments be made to custody?
Child custody arrangements can be modified in the future. There are many situations that may contribute to a change. If a child is acting aggressively or out of the ordinary due to the custody arrangement, parents have the right to file a motion with the court if they believe it is due to the child’s time spent with their other parent. These cases can then be investigated and a judge can rule in favor of the child’s best interests. If there seems to be an issue, the custody arrangement may be changed to fulfill the health and safety of the child.
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.