For the most part,
legal and physical custody are critical 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.
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| Every child should have opportunities and have fun. If your marriage is preventing this, you need a divorce lawyer in Elmira, NY now! |
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, according to divorce lawyers in
Elmira, NY.
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 will have the responsibility of making
such decisions for the child’s well. They can select schools, Little Leagues,
soccer leagues and so on, and determine treatments they receive when they are
ill. In addition, they can also help the kids get psychological counseling.
In the movie Kicking
and Screaming Will Ferrell played Phil Weston where he was a politically
correct and weak soccer coach. Since this was a movie, he ended up winning. It
also helped they had two stars on the team while stereotyping Italians as if
all Italians are exceptional at soccer. Now any parent who has custody of their
child can choose which soccer league their child plays for and if they play
soccer at all. Hopefully the child is able to make that decision.
And if your child ends
up playing on Phil Weston’s team, just do not expect your child to be challenged
that much since Weston is a very laid back coach and winning is not really his
main concern. He is loyal and a nice person though.
Moreover, in many child
custody cases following a divorce, judges tend to grant joint legal custody.
This means that both the parents can share the responsibility of making
decisions in their child’s best interest. If the parents share a cordial
relationship after their divorce, judges and New York divorce attorneys too
advocate this type of arrangement.
Even when parents share
joint custody often a single parent becomes the primary caregiver. While the
other parent 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 hostile to each other most of the time,
which prevents them from reaching an agreement on trivial issues. This is when
courts believe that a single parent must receive sole custody and take steps in
that direction.
According to Elmira, NY
divorce lawyers, other reasons why a parent may be granted sole custody
include:
- If a parent is abusive and neglectful
- Lives far off
- If the parent shows no interest in rearing the child
Defining Physical
Custody
Where the child would reside after the divorce is the
critical question 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. Such a situation can be
prevented by the other parent through a petition where the plaintiff’s legal
pro will have to prove that this move is against the child’s best interests. As
long as it is feasible, judges encourage joint physical custody.
If your divorce is held up due to child
custody, visitation and alimony
issues, all you need is to reach out to an illustrious New York divorce lawyer.
This is the best way to protect your rights and reach a fair settlement whether
you choose to divorce amicably or take your battle to court.
If you need legal help press right here at Divorce.USAttorneys.com. If you even
believe your marriage is not working out, you need to use that digital tool to
secure for yourself that pivotal legal assistance.
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