What is Legal Custody?
Having legal custody of a child means that you have the authority to make decisions about important things that impact a child’s life. This includes things like:
Where they go to school
What religious instruction they receive
Decisions related to healthcare
Where possible, judges prefer to give parents joint legal custody, meaning that they both have a say in the decisions that are made. However, that is not always possible. If there is unresolvable conflict, or issues with violence in the home or other illegal behavior, a judge might decide that it is not in the best interest of the child for that parent to share legal custody. Such may be true for physical custody as well.
What is Physical Custody?
Physical custody refers to where the child lives and who is responsible for daily care. As mentioned above, judges generally prefer for parents to share physical custody in the case of a divorce, unless a substantive reason exists to deny a parent any physical custody. It is possible to have physical custody, but not legal custody. For instance, a parent might decide to give the child’s grandparents physical custody for a limited time if the parent is going to be deployed, or have to travel for business for an extended period of time. A parent might want to retain the powers and authority of legal custody, but give a relative temporary physical custody, so that they pick the child up from school, take then to the doctor, etc.
What can I do?
We specialize in coming up with creative solutions and we love to negotiate. That being said, if your spouse refuses to cooperate, or if you or your child’s best interest is threatened, we will not hesitate to bring out the big guns.
It is important that you sit down with your attorney and discuss thoroughly the options that you have and the things that really matter to you. It is helpful to make a list of exactly what you want. If you’re not sure what you want, or unsure about what your rights are, we will help you figure it out. We are good at asking questions, and we are good at getting results.
Help!
There are a lot of moving parts to a divorce and it can be very difficult to navigate. This is where experience and compassion matter. Boeheim Freeman Law is committed to helping you through this process and providing you with the best legal representation and counsel. Why hire an attorney, when you can hire a team?