divorce can be difficult for any couple, and when there are children involved
it can become that much harder. Having to discuss the different options of
child custody can be overwhelming, because in some cases you and your spouse may not
have the same goals in mind. When it comes to determining child custody,
there are a few different categories that are important to understand
before jumping into the process. If you are considering a divorce, please
contact a trusted Long Island divorce attorney at the Meyers Law Group,
P.C. today to learn more about custody in your specific situation.
As stated, there are a few different ways to look at custody, and the first
of them being physical custody. Physical custody means that one or both
parents have the right to have the child living in their home. Depending
on the state, both parents may have the privilege to have what is called
joint custody, in which the children are allowed to live with both of
them. For parents who remain close to one another, this is often a smart
option that allows the children to cope with the changes of the split
by having both still involved in their lives on a regular basis.
Another form of custody is called legal custody, and this means that the
parent has authority over the legal matters of their kid's life. Whether
this is for medical decisions, schooling, religious practices, etc. this
parent will have the say in these choices. Often times both parents, who
are fit to care for their children, will receive joint legal custody;
meaning that they will have to work together to come to an agreement on
these matters. Often time's joint custody is in the best interest
of the children; however, there are situations in which this may not be
possible or best for the kids. If this is the case for you, with the help
of a skilled divorce attorney, you will have the option to fight for soul
custody over your children.
Sole custody, then, is defined as one parent being given either physical
or legal custody over the children. Again, unless one parents is considered
by the court as being incapable of caring for the children, it is very
rare that they will offer sole custody to one parent. In most situations,
it is in the best interest of the children to have their parents equally
involved in their lives. In some cases, even if a parent is given the
sole physical custody over the kids (where they live with them), it is
common that the court will still offer legal custody to both parents,
along with a frequent visitation schedule for the other parent. Parents,
it is important to take into consideration what is best overall for your
kids after the divorce. Perhaps there is a lot of tension between you
and your spouse, and you hope that by fighting for full sole custody you
will never have to see them again. This is usually not encouraged, as
it may in the long run harm your children. Unless your spouse is deemed
unfit or unsafe to you or your children, sharing custody is encouraged.
Going through a divorce can be a complicating process, and even more so
when there are the lives of children to take into account. If you or someone
you know is considering a divorce and has children, please contact our
firm today so we can discuss your case and decide on a suitable course
of action. Our firm is committed to helping families, and we want to help
you during your divorce.
Contact us today for more information!