How are physical and legal custody different?

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Divorces involve a lot of decision-making. These decisions are either made by the couples in an amicable manner or by a judge in court. If children are involved in the family, the divorce may require more decisions. Decisions involving the children can be a sensitive matter for the parents. They are going to want to have as much time with their children as possible and the best situation for their children. For child custody arrangements, physical and legal custody are taken into account to create an agreement. This decides who the child will spend more of their time with and how much they will see their non-custodial parent. It can also include child support matters as well.

Physical custody grants one parent as 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. 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.

Can modifications be made to these arrangements?

As the children grow older and the parents live separately, circumstances may arise that cause the possibility for modifications to be made to the original custody arrangements. These modifications may be caused due to a variety of reasons. However, the child’s best interests should always be at the forefront. Their health and well-being are the most important aspect of this situation. It should not be compromised due to their parents’ involvement. If you believe the child is acting aggressively due to their time with their other parent, you should seek the counsel of an attorney to help you file a motion with the court. If your spouse is failing to follow the court orders that were laid out regarding child custody, you may file a motion to bring them to court to have the dilemma settled.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.

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