How are physical and legal custody different?

Child custody arrangements need to be made before divorces are considered to be final. Divorce can be hard on children since they may not be able to comprehend how it works and what it means for their family. It is important to recognize any signs of changing behavior that can be present in a child. The custody arrangement that is made can have a big impact on them and how they react. When parents cooperate with one another and act amicably, they may be able to ease the child’s transition. Whether a parent acquires physical or legal custody, they are still involved in their child’s life. Physical custody gives one parent the title of custodial parent, meaning that the child will reside with this parent on a regular basis in their home. The custodial parent is the one that they will see more of the time. The non-custodial parent may be given visitation rights or parenting time. Legal custody refers to the ability to make decisions for your child even if you do not have physical custody. When parents are given this right, they can decide on important issues for the child’s well-being. 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-mandated agreements that spouses need to follow after they are done resolving their marital issues. This means that they are legally binding and they must be followed. Parents must follow these arrangements or they may face penalties in retribution of their lack of cooperation. 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.

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 the state of New Jersey. Contact our firm today to schedule a consultation.