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Legal Custody is Different from Physical Custody

mycasewebsites2 • May 15, 2014

When parents part ways, more often than not, they don’t lose their status as parents.  As a parent, you have the right to be with your children, to have a say in where they go, what they do, who they spend time with, where they go to school, what clothes they wear, etc.

A final order of divorce will address, either directly or by incorporating an agreement, legal and physical custody.  In most cases, unless there are extraordinary circumstances, parents will share legal custody.  The Court will order the parents to keep each other informed about the status of the children and to work together in good faith to agree about the details of the children’s lives.  Often times, however, the final order will give the final say in a disagreement to the custodial  parent.

The custodial parent is the parent with whom the children spend the most time on a daily basis.  This is physical custody.  It is rare that parents truly share physical custody.  When the children are younger and not in school, true shared physical custody is more likely to work.  As the need for a more regimented, regular schedule becomes necessary, there tends to be a migration toward one parent or the other.

Here’s the point: unless you have committed some crime related to your ability to parent your children, don’t ever worry that your ex/estranged spouse can keep you from your children indefinitely.  Do not fear the threats and intimidation.  An attorney can help you negotiate an agreement that will protect your rights and help you maintain your relationship with your kids, or go into Court and help you straighten out whatever mess you may find yourself in.  Call me and I will help you on your path to maximizing your parenting time.

 

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