What's the difference between legal and physical child custody?

For the most part, legal and physical custody are very important elements of child custody. Courts usually prefer joint custody but due to practical problems and in child custody disputes physical custody is sometimes awarded to a single parent even when they enjoy joint legal custody.

This happens when the parents do not live close by and therefore sharing physical custody is not a practical solution. However, the court often prefers joint legal and physical custody in the best interests of the children and divorce lawyers in Atlanta, GA know this firsthand.

This is because a child should be around a mother and a father. A child, according to evolution and the history of humankind, is better off when a child is raised by an adult man and woman who are mature and responsible. This goes back to Adam and Eve and it has proven to work in almost all cases throughout millennia.

Defining Legal Custody

Legal custody is when a parent is given the right to make decisions for their kids through a court order. The parent who gets legal custody can make decisions for the well-being of the kids. They can select schools and identify coaching classes to provide them with academic aid. They can also select training schools to hone their extracurricular talents (playing the piano, playing baseball or soccer, and so on) and determine treatments they receive when they are ill. Moreover, they can also help the kids get psychological counseling.

In many child custody issues following a divorce, judges tend to grant joint legal custody. This means that both the parents can share the responsibility of making decisions for their kid’s best interests. If the parents share a cordial relationship after their divorce, judges and Central Georgia divorce attorneys advocate this type of arrangement.

Even when parents share joint custody often a single parent becomes a primary caregiver and makes all the important decisions involving the child. While the other patent has the right to voice his/her opinion, the primary caregiver makes most decisions on her/his own. This type of arrangement is willingly agreed to by both parents.

However, joint legal custody does not work when parents are at loggerheads with one another. The arrangement fails when their hostility prevents them from reaching an agreement on trivial issues. This is when courts believe that a single parent must get the sole custody and take steps in that direction.

According to Atlanta GA divorce lawyers, other reasons for sole custody are:

•  If a parent is abusive and neglectful
• Lives far away
• If the parent shows no interest in rearing the child which is sad and pathetic but in some cases it may make sense, either way, one parent will then have primary or sole custody  

Defining Physical Custody

Where would the child reside after the divorce? This important question is answered in a physical custody order. Often a single parent gets physical custody. In certain states a parent who is granted physical custody can take the child to another city permanently. Move away situations in child custody cases can be prevented by the other parent through a petition with assistance from a divorce legal professional.

Here the plaintiff’s lawyer will have to prove that this move is against the best interest of the child and Georgia divorce lawyers.

As long as it is feasible, judges encourage joint physical custody. It is widely believed that this type of arrangement benefits the kids since they can have a normal relationship with both parents. But the system works when both parents live in the same area or in an area close by. Furthermore, if the parents have a hostile attitude then the joint physical custody solution isn’t a viable avenue to take. Here too a parent might express reservations for this system. If this is the case the judge might ask them to explain their concerns.

No one wants to listen to a shouting match. Have you seen the beginning of The Wedding Crashers? 

Is your marriage winding down? Are the sparks in the air no longer visible? You probably need legal help. You need an Atlanta, GA divorce lawyer. You certainly do not want to take their abuse without a credible witness by your side. Go right here http://divorce.usattorneys.com/georgia to find that legal representative that can make or break your year, and perhaps life in some ways.