Sole custody may not be as common as shared custody for child custody arrangements. When sole custody is given to one parent, it gives them physical and legal custody of the child. This may be due to the other parent being deemed unfit. When a parent is deemed unfit, the court system may see them as a potential threat to the child’s safety and well-being. They may want to avoid giving this parent authority over the child due to this reason. The parent may have bad habits, such as substance abuse, that can have negative effects on the child. This parent may still be given time to have visitation with the child in order to keep an open communication between them and the child. However, this may not give them all the time they want.
Who makes decisions in court?
During divorce proceedings in litigation, a judge makes decisions for couples on issues pertaining to their marriage. These marital issues can include child support, child custody arrangements, alimony and more. When custody arrangements are made by a judge, they consider many aspects that can affect the child’s well-being and their future. The judge takes into account the child’s relationship with both parents, each parent’s lifestyle and many other factors that can affect the child’s best interests. The judge will consider how much support each parent can provide for the child. Upon making a decision, the judge will grant physical or legal custody to a parent.
What’s the difference between physical and legal custody?
Physical custody and legal custody are two categories of custody made during child custody arrangements. Parents may be granted one form of custody or both. They may even share some responsibilities. Physical custody gives a parent the role of the custodial parent after divorce. This role means that the child resides with them in their home. Although the child may spend time at their other parent’s home, the child mostly resides with the custodial parent. They will spend more of their time with this parent due to the living situation. Legal custody gives parents the authority to make important decisions in their child’s life. These decisions can include the child’s education, medical care, religion and more. Parents are still able to be a part of their child’s life even if they are not given physical custody. They are still involved in the major aspects of their child’s well-being and can have an affect on the child’s life with legal custody.
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.