Legal Vs. Physical Custody
Raleigh Child Custody Lawyers
When two people have decided that a permanent severance must halt their
marriage, they will have to decide on some crucial choices. As hard as
divorce is, the decisions which are the most challenging have to do with
any children that the former spouses share. Deciding on the parenting
responsibilities is always a hard choice to make, and can become especially
contentious if either party refuses to negotiate terms with child custody.
Of course, no parent wants to give up time spent with their child, so conflict
might mean that the issue must be settled in court. However, it is important
to know the distinctions between the two primary forms of custody, legal
and physical custody, so that you can be prepared. Trust our
Raleigh child custody attorneys at
Hopper Law Office to answer all your questions.
Contact us now at
(919) 876-3300 if you are looking for support in your custody case from our dependable
family law attorneys.
The term “physical custody” is used to talk about the physical
location that your child or children will be staying at regularly. Physical
custody might be granted to just one parent but could also be shared by
both parents. It is important to remember that they are seeking the best
interests of their children, so deciding where they live and how often
they will travel is an important decision to make.
When you have been given legal custody by the court, this means that you
are taking great responsibility to care for your children by making choices
about the most crucial aspects of their lives. Some of these aspects include
their education, their involvement in society and extracurricular activities,
their health, their moral and religious upbringing, and any need for psychological
counseling or academic tutoring.
When you and your partner were married, you most likely made all these
kinds of decisions together. Even though you are now divorced, judges
usually desire for parents to continue making such joint decisions so
that children have the input of both parents. Therefore, the default circumstance
is that legal custody is given to both parents, designated by the term
“joint legal custody.” One parent might still be able to be
the primary caregiver, but the two can work together to determine the
practical logistics of carrying out the needs of their children.
Sole Legal Custody
There are certain cases where a judge may grant sole legal custody, even
though this is not the default scenario.
The exceptions where sole custody might be granted include:
- When one parent lives a great distance away
- When a parent has a background of being abusive or neglectful
- When a parent has decided they cannot be involved in the child’s
daily life and is unable to or does not desire to spend time with the child
Representation of Your Family in Challenging Times
Divorce is difficult for parents, but even more challenging for children.
Here at Hopper Law Office, we want to care for children’s best interests
no matter what. We can work with you to represent you powerfully in court,
whether in granting legal or physical custody, or both.
Call us today at
(919) 876-3300 or
contact us online for dedicated service from our child custody lawyers in Raleigh.