Woman holding a baby in a striped outfit, sitting at a cafe table with desserts and drinks visible in the foreground, waiting for her child visitation attorneys.

How are physical and legal custody different?

Child custody is a marital issue that needs to be resolved when divorce proceedings are underway. Children can be just as affected by their parents during divorces. This can be a difficult time for them. It is important that parents look out for changes in the children’s behavior as any indication of how they are coping. They may not fully understand the extent of the situation. If child custody arrangements are made to benefit the child, it can include both parents’ involvement to keep a healthy relationship open with their children. If parents cooperate with one another and act amicably, they may be able to ease the child’s transition. Whether a parent acquire physical or legal custody, they are still able to be involved in their child’s life.

Physical custody gives one parent the role of the custodial parent. This role means that the child will reside with this parent on a regular basis. Although the child may be able to spend time in their other parent’s home, the custodial parent is the one that they will see more of the time. Legal custody refers to the ability to make decisions for your child. When parents are given this right, they can decide on important issues for the child’s well-being and overall lifestyle. 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 orders. This means that they are legally binding and parents must follow these arrangements. They may face penalties due to their inability to cooperate with the agreement. 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. Custody arrangements may be modified based on specific situations that may arise.

If you require strong legal representation for matters related to divorce or family law, Haber Silver Russoniello & Dunn is here to help. We proudly represent clients in Morris County and throughout the state of New Jersey. Contact our firm today to schedule a consultation.

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