What makes a parent the custodial parent after divorce?

During the divorce process, people have to make decisions for their finances and their children. Legal battles can sometimes tear families apart even more. It can be difficult for parents to fight over the right to spend time with their children. However, this part is important for the child. When a judge is liable for making child custody arrangements, they will have to keep the best interests of the child in mind. At this time, they will consider factors that affect each parent and the way they live their lives. They can consider how much each parent can financially support the child and how spending time with the child can influence the child overall. It is important for the judge to keep the child’s health and safety in mind when making decisions at this time.

Child custody is split into physical and legal custody. When a parent gains physical custody of a child, they are named as the custodial parent. This means that the child will reside with them on a regular basis. The child may still have visitation with their other parent or a limited amount of time with them. However, the custodial parent will spend more time with the child usually. This parent may also be paid child support due to the amount they provide for the child on a daily basis. This can help them to financially provide for the child’s needs.

What happens if my former spouse doesn’t follow custody arrangements?

Custody arrangements are considered to be court orders, which means they must be followed by spouses. Otherwise, spouses may prove to be in contempt of court and jeopardize their custody of their children. Parents must follow these arrangements or they may face penalties. If your former spouse is not cooperating with the agreement that was made, you have the right to file a motion with the court. The judge can review the case and figure out a final decision. Your former spouse may face consequences for their inability to cooperate.

Although arrangements must be followed, they can be changed when parents are in need of it or if children are. Whether your former spouse is failing to adhere to them or there are other life interferences, you can enter into court to get your current custody arrangement modified. Since new circumstances can arise, this can be beneficial. The judge will always consider the health and safety of the child first. If the health or safety of the child is being compromised due to the current arrangement, this is another reason that can lead to a modification.

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.