How are physical and legal custody different?

The divorce process can be a difficult process for spouses to go through. This can lead to many hours of deliberation over certain issues. Some of these issues include the division of assets, child support, alimony and child custody arrangements. Child custody arrangements are a major decision that needs to be made to preserve the best interests of the child. Not only can this decision affect both spouses, but it can also affect the children that are involved in the divorce. It can decide who they spend more time with or if their parents have legal rights over them at all. For these cases, custody is arranged into physical and legal custody. Parents are given certain rights based on these areas of custody. Physical custody gives one parent the role of custodial parent, making them the main guardian for the child. This role means that the child will reside with this parent on a regular basis. Legal custody refers to the ability to make decisions for your child. This gives a parent the ability to make important decisions, such as the child’s education, religion, medical treatment and more. With this role, the parent can still be given authority over their child’s life even if they are not named as the custodial parent.

What if my former spouse fails to follow custody arrangements?

Custody arrangements are considered to be court orders. This means by law they have to be followed. Spouses can prove to be in contempt of court if they do not follow child custody arrangements. Parents must follow these arrangements or they may face penalties. If your former spouse is not cooperating with the agreement that was made, you have the right to file a motion with the court. The judge can review the case and figure out a final decision. Your former spouse may face consequences for their inability to cooperate. Although arrangements must be followed, they can be changed when parents are in need of it or if children are. Whether your former spouse is failing to adhere to them or there are other life interferences, you can enter into court to get your current custody arrangement modified.

Alfred Law Firm, LLC is proud to serve clients in Georgia when they face legal matters related to family law and criminal defense. When legal issues arise, it is important to have the guidance of an experienced attorney that can help you obtain a favorable outcome. Contact our firm today to schedule a consultation.

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