Divorce cases need to settle matters for child custody. During the divorce case, child custody is one of the marital issues that needs to be settled. At this time, couples will make these decisions in court or in mediation. In court, a judge will be the one with control to make the arrangement while mediation allows the parents a more active role. When judges decide on these cases, they take into account many different factors. They can examine the factors relating to each parent and how well they can provide for the child. The judge will decide on physical custody and legal custody for the child. If a parent is given physical custody of the child, they can be referred to as the custodial parent for this situation because the child will reside with them. Although the other parent may have visitation rights, the custodial parent is the one who will spend more time with the child due to their living arrangement together. Due to this, the custodial parent may be paid child support by the other parent to support the child’s living standards. This can help to provide for the child on a more consistent basis. Since the other parent does not have the child residing with them, they may not be providing for the child as much.
Can I have legal custody if I’m not the custodial parent?
Legal and physical custody need to be decided on before divorce is completed. A parent may be granted with one or both forms of custody. This depends on each individual case. If parents are not granted with 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 and have it considered.
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.