What’s the difference between physical and legal custody?

Child custody arrangements need to be made after divorce is decided upon. There are two forms of custody known as legal and physical. With these two forms of custody, there are different responsibilities that are required. Parents may be granted one or both form of custody. When physical custody is granted to a parent, they are considered to be the custodial parent. This means that the child will reside with them most of the time in their home. Legal custody grants parents with the authority to make important decisions in a child’s life, including decisions about education, health, religion and more. Although physical custody means that the parent will spend more time with the child, the other parent may still have access to the child based on certain visitation rights or parenting time. If a parent does not receive physical custody, they can still fight for legal custody of their child. This can ensure that they are involved in the decisions regarding important lifestyle choices for the child and are still able to have authority over their child’s life. They can still be granted legal custody even without physical custody.

Who makes custody decisions?

To decide on marital issues, spouses may go through mediation sessions to come to agreements. For this method, they can work together to come up with a child custody arrangement that works for both of them and that can satisfy both parents. If couples are in a contested divorce, they may not be able to decide on issues between themselves. They may have to enter into litigation to decide on child custody arrangements. During this situation, a judge will decide on the matter for the couple. Judges take into account all aspects of the child’s life and family situation to ensure they are making a good decision for the child’s best interests.

In New Jersey, the court system tries to rule with the child’s overall well-being in mind in order to put their needs first. The court system wants to keep a working relationship available with both parents for the child. They do not intend to cut a parent out of the child’s life unless the circumstances include abuse or the parent is deemed unfit. The judge will consider aspects involved in the parents’ lives to split custody fairly and justly. If a situation arises in the future, parents have the ability to file a motion with the court to adjust child custody arrangements.

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