When spouses are undergoing a a divorce, a lot of legal language gets strewn about, and much of it could be strange. One expression you’ve most likely have heard is “physical custody.” But how many individuals knows what that actually means in a legal way? It’s vital that each of the parents comprehend what terms such as this mean and how they may be regulated by their custody agreement.
The below provides a brief summary of physical custody and what it means in the broader context of custody disputes.
Physical Custody – What is it?
During a divorce, your state’s child custody statutes get involved. A family court judge is going to determine various factors of how the splitting-up of care for any children is going to be implemented. The court establish which parent needs to have physical custody of their child, and that they are going to be responsible for providing care for their child everyday.
That, most of the time, means that the child is going to live with their parent that has physical custody.
A lot of current custody arrangements grants primary physical custody to one parent (referred to as the “custodial” parent) and grants visitation rights (referred to as “parent time” in some states) and shared “legal custody” to the non-custodial parent. Usually, visitation rights give the non-custodial parent undivided time with the child alternating weekend, alternating major holidays, and several weeks throughout summer breaks. Don’t forget that a lot of states also additionally grants specific visitation rights to grandparents.
In some cases, nevertheless, one parent is granted sole custody. When a court grants a parent sole custody, that parent is granted exclusive physical and legal custody of their child.
Sole custody is usually only granted when the other parent is discovered to be unfit or incompetent of taking care of their child. Instances include abuse, drug and/ or alcohol addiction, and criminal wrongdoing.
In sole custody cases, the other parent could still be permitted some visitation, though it is going to be a lot more restricted than in joint legal custody/physical custody arrangements.
Don’t forget, a lot of states prefer granting joint or shared custody on the basis of the child’s best interests. For example, the court is going to consider the indescribable but extremely significant emotional connection among a child and their parents, as well as the more tangible needs such as financial balance.
What is An Instance of Physical Custody?
A father and mother have got a divorce, and share legal custody of their child, whereas the mother is grated primary physical custody of her child. This typically means that the mother and the father share jointly in making important decisions regarding raising their child, but the child lives with their mother most of the time.
As with most cases in which one parent is granted primary physical custody, the child’s father is granted visitation rights as the non-custodial parent — giving him undivided time with his child on alternate weekends, on alternating major holidays, and for 4 back-to-back weeks over the child’s summer break.
Acknowledging that it is usually in the child’s best interests to have a strong relationship with each of their parents, courts are receptive to custody and visitation/parenting time arrangements that offer more time with the non-custodial parent, particularly in which the parents can agree and co-parent mutually.
Need Assistance Settling a Physical Custody Disagreement? Get Legal Assistance Today
Physical custody – in which a child lives and if the child is split between their parents — is always a hard and emotionally challenging determination. A knowledgeable attorney is going to know how to work alongside the court to get the best possible result for your child. Begin today by locating a family law attorney in your area with experience managing such matters.
Staff, F. L. (2021, November 24). Physical custody. Findlaw. Retrieved January 24, 2023, from https://www.findlaw.com/family/child-custody/physical-custody.html
Speak With Our Child Custody Attorney In Scottsdale
Our child custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.
An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.