Custody is composed of legal and physical custody. This is an important part of the divorce or family law process. The parties may have joint legal custody of their unemancipated child. There is the Parent of Primary Residence (residential custody) and the Parent of Alternate Residence. Joint legal custody gives the parents the power to make major decisions regarding the child’s health, safety, welfare and education jointly. Physical custody is the amount of time that a child is in the parent’s presence. Joint legal custody is only one of the three.
There is also sole physical and legal custody and there is Sole physical custody with joint legal custody.
The “best interests of the child” is the mantra and main concern of the Courts.
When a custody arrangement has been reached either party may in the future seek to modify the arrangement with the Court. The reason for modification must again show “the best interest of the child.”
Call us at 908-206-9366 for additional information or to schedule a consultation.