How do physical and legal custody of a child differ?

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When marriages end in divorce, it is an emotional time for those involved. Not only do they have to deal with the emotions swirling due to the end of their marriage, they may be nervous to enter into litigation. If couples can go through the process of mediation, this can be useful in helping them reach conclusions on their own. During mediation, they can meet to agree on a resolution for different topics. This will give them more control than they would have if they had to go to court with their issues. However, mediation may not be for everyone. It can be hard for spouses to be in the same room together if they are going through a particularly grueling divorce. Due to this, litigation may be necessary.

Child custody cases can cause more turmoil during the breakdown of a marriage. If spouses are already on bad terms with one another, a battle over child custody can worsen this. It is important to have legal representation by your side. With the proper attorney, you will feel more comfortable in the courtroom and confident in fighting for your rights as a parent.

What is physical custody?

Physical custody appoints one of the parents as the custodial parent of the child. The child will live with the custodial parent most of the time. They may still visit the other parent’s home depending on the terms of the arrangement. However, if the other parent is denied physical custody, they may only be guaranteed visitation rights. This can diminish the time that the parent has with their child.

What is legal custody?

Legal custody refers to the rights that a parent has regarding the major decisions in their child’s life. When a parent is granted legal custody, they are allowed to make decisions regarding the child’s education, religion, health and more. Due to this, they are still a part of their child’s life. Their decisions can still impact the child’s future.

A parent is able to gain legal custody of a child even if they are not granted physical custody. Although physical custody grants the parent time to spend with their child, they can still be involved in their child’s life by gaining legal custody of their child. If parents are denied physical custody, we will continue to fight on their behalf for legal custody. As a parent, you can still gain access to your child through this means.

How are custody arrangements made?

When parents enter into litigation regarding the custody arrangements of their child, a judge will decide on the case. The New York court system requires judges to act in the best interests of the child to ensure their health and safety with the final decision. Judges take many factors into consideration during these cases. They do not take these cases lightly. When dealing with the safety of a child, they have to consider the background of both parents and the role each parent plays in the child’s life. These factors can be important for the overall well-being of the child.

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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