What is the difference between physical and legal custody?

When a couple that has children gets divorced, they will have to confront the incredibly difficult reality of a custody decision. When custody is decided, one of the parents ultimately ends up with less parenting time than the other. This is often the case unless the parents are able to come up with a shared custody agreement that allows them to split parenting time evenly. Of course, this can be difficult to arrange depending on scheduling conflicts. The mere concept that a parent won’t get to see their child as much as they did before the divorce can be devastating for the entire family. There are two different types of custody that a parent can be awarded.

The court will often grant one of the parents physical custody, which simply means that their home will be the primary residence of the children. When parents share custody, they will have to make decisions regarding a number of different visitation schedules such as vacations, weekends, and holidays.

The other type of custody is legal custody, which allows the parent to make decisions regarding the child’s medical treatment, religious teachings, education, social life, extracurriculars, and more. Most of the time, parents are granted joint legal custody, meaning that they can co-parent even though the physical custody arrangements are different.

If you have questions about custody in New Jersey, contact us today.

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