One of the most delicate subjects that must be addressed throughout divorce procedures is child custody.
Legal and physical custody are the two classes, and they pertain to various parts of a parent’s responsibilities when it comes to caring for their children. This blog will cover a lot of ground when it comes to legal and physical custody, including how you could get either.
What is the definition of legal custody?
When a court grants you legal custody of your children, you get the legal right to participate in major decisions affecting their upbringing. You may specifically assist your children in making religious, moral, and ethical decisions.
If your old boyfriend, who has full physical custody of your children, wishes to enroll them in a private religious school, for example. You would still have a voice in whether or not you are comfortable with this happening even if you do not have physical custody of your children.
What is the definition of physical custody?
The dwelling arrangements of children with separated parents are referred to as physical custody. When people hear the word “child custody,” they generally think of this. When awarding physical custody, the courts consider each parent’s mental and physical capabilities, as well as the stability of each family setting and drug usage, to satisfy the child’s needs.
Joint vs. Sole Custody
Now that we’ve gone over the distinctions between statutory and physical custody, it’s time to look at how these two forms of custody are carried out: solo or jointly. With sole custody, a child’s upbringing is usually left to one parent. The term “joint custody” refers to the fact that both parents are equally responsible for their children’s upbringing.
When it comes to physical custody, sole custody is more prevalent than when it comes to legal custody. This is frequently due to the logistical challenges of having a child move back and forth between the homes of both parents.
For example, if one parent is physically capable of caring for his or her kids but resides three states away from where they grew up, the other parent is likely to be absent.
Sole legal custody, on the other hand, is frequently reserved for kids whose other parent is mentally incompetent to make wise decisions, has a criminal record, or struggles with illegal substances.
For couples going through a divorce, having access to their children revoked is traumatic. Our company has extensive Child Custody Attorney Fontana advocating for parents’ rights in divorce court, particularly when it comes to child custody concerns.
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