Can I be granted legal and physical custody?

As marriages become unhealthier, couples may decide to consider options for divorce. This can be difficult to consider when children are involved in the marriage. Parents want to look out for their children’s well-being. They may think a home with two parents is better for their children. They may think that putting a child through a divorce is too difficult at their given age. However, there are healthy ways to undergo a divorce with children involved. Child custody arrangements can guarantee that the best interests of the children are being taken care of.

Some child custody cases may need to enter litigation. This can prove to be hard for parents. They do not want to see their child taken away from them. This is why it is important to fight for custody of your child. Custody arrangements involve physical and legal custody of children.

What is physical custody?

When physical custody is granted, it decides which parent will be the custodial parent. The custodial parent is the one that the child will reside with. Since they reside there, they may spend more time with this parent. However, they can still visit their other parent based on visitation rights or how the custody is split up. Sometimes they may be able to spend some nights with one parent and then switch to the other parent’s home. These instances are taken on a case by case basis to decide the best option for that family. 

What is legal custody?

Legal custody grants a parent the right to make major decisions in their child’s life. These decisions can include the child’s schooling, religion, health and more. With legal custody, parents have the opportunity to remain a vital part of their child’s life even if they are not granted physical custody. Parents can be granted physical custody and legal custody.

Is legal custody automatically granted to the custodial parent?

A parent is able to gain legal custody of a child even if they are not granted physical custody. Although physical custody grants one spouse as the custodial parent, the other parent can still be involved in their child’s life by gaining legal custody of their child. If parents are denied physical custody, we recommend fighting for legal custody in order to maintain a vital connection in their life. You will still be able to decide major decisions with legal custody. This can help to show your commitment as a parent and how you are trying to make the best decisions possible for your child.

If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.