A joyful young child riding a colorful toy truck, guided by a smiling bearded man on a sunlit suburban pathway. the scene is vibrant and full of life.

Who is the custodial parent after divorce?

During divorce proceedings, either a judge or the couple will decide on child custody arrangements. These arrangements should be made with the best interests of the child in mind. This can help to ensure their health and safety. These cases can be fragile due to the bond between a child and a parent. For these matters, parents do not want to lose the ability to be in their child’s life. All aspects will be looked into to determine the best outcome for the child.

When a parent is given physical custody of their child, they can be referred to as the custodial parent. The custodial parent is who the child will reside with. Although the other parent may have visitation rights, the custodial parent is the one who will spend more time with the child. Due to this, the custodial parent may be paid child support by the other parent to support the child’s living standards.

How does legal custody differ from physical custody?

For child custody arrangements, physical and legal custody are the main aspects involved. Physical custody refers to the actual amount of time that the child will spend with a particular parent. In comparison, legal custody gives the parent the right to make important decisions in the child’s life. This can include where they go to school, what religion they practice and medical decisions. A parent may lose physical custody, but still be able to obtain legal custody.

If I’m not the custodial parent, can I have legal custody?

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.

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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