Legal Custody
Legal custody refers to the ability to weigh in on major decisions in the child’s life, such as health, education, and religion.
There are two types of legal custody awarded by the courts:
- Joint Legal Custody
- Sole Legal Custody
Joint legal custody fosters co-parenting between the couple, who will share decision-making responsibilities and information. Sole legal custody gives one parent full responsibility over all major decisions.
Physical Custody
Physical custody refers to where the child will reside. To determine physical custody of your children, the courts will consider factors, such as how far apart the parents live from each other, the stability of the home environment, and the ability of the parents to cooperate and co-parent, among other factors.
If the court awards primary residential custody, the child will spend more time at one parent’s home than the other. If the court awards shared residential custody, the parents would enjoy a 50/50 parenting time schedule.
The Child’s Best Interest
When determining legal and physical custody, the courts will consider factors affecting the child’s best interest. These factors include, but are not limited to:
- The age and number of children.
- Any history of domestic violence between the parties.
- The stability of the home environment offered by each parent.
- Preference of the child, if old enough to express it
Other custody factors will be considered. The courts will work toward an outcome that protects the child’s best interests.
Why Should I Work with a Child Custody Lawyer?
The process of divorce or separation can be complicated and feel overwhelming. Entrusting the support of a lawyer who understands the law and knows how to best help you can make the process much easier to navigate.
When you work with the professionals at Rigden, Lieberman & Mignogna, P.A., you’ll have compassionate support throughout the entire process. Our child custody lawyers provide exceptional legal counsel and representation to reduce your stress and try to achieve the best outcome.
Our lawyers are passionate and knowledgeable. Using their expertise, they’ll give honest opinions about your situation.
