Physical custody refers to where the child or children will live. This could be shared, with two homes, and children moving between the two residences for certain days of the week. It could also be an arrangement in which one parent has physical custody of the children while the other has visitation rights.
Legal custody refers to the right to be involved in the critical decision-making for the children, including:
Some parents have shared physical custody and shared legal custody. In other cases, one parent can be given sole legal custody. This would be the decision in cases in which one parent is gone, and cannot be found, is not sharing the lives of the children and making no effort to do so, or if incarcerated, involved in criminal activity, is addicted to narcotics, or has a history of domestic violence.
If you are worried about child custody in divorce, or post-decree, my firm, the Law Offices of Ryan E. Gilbert, LLC can assist you. I have extensive trial experience, and formerly served as counsel defending several Fortune 500 companies, while working for a prominent law firm.
My experience in case development and presentation has proven to be beneficial in child custody cases in East Brunswick, New Jersey. I would like to discuss this matter with you, whether as part of your divorce, or when a modification should be pursued. This could occur when there is evidence of emotional or physical abuse, molestation, neglect or any criminal activity that could put the child(ren) at risk of harm.
If one parent has interfered with child custody or visitation, either by concealing the child or taking the child, whether prior or during a divorce or custody action is illegal. Parents who engage in actions that impact the parental rights of the other parent will not be looked upon kindly by the court, and the effort to gain physical custody could be transferred to the other parent if this is established and proven by an attorney.
No matter what your situation is, my firm is prepared to assist you. Call (866) 760-6430 now for more information.