Child Custody Lawyers Rockland County

Child Custody Lawyers Serving Rockland County, NY

Discussions of child custody arrangements in divorce proceedings often involve decisions over legal and physical custody. One or both parents may then have sole or joint physical custody, as well as sole or joint legal custody. Any inquiry of whether both parents can have primary custody is incomplete without first understanding this terminology.

The family law attorneys at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. believe that the sometimes-confusing terminology used by family law courts to address child custody issues should not add to the stress of divorce proceedings. Accordingly, we strive to cut through the confusion when we counsel our clients on the details of custody arrangements.

Physical Custody is Distinct From Legal Custody

Physical custody refers to where a child will live when a divorce is finalized. If the child spends the majority of his or her time with one parent, that parent is deemed to have primary physical custody. On the other hand, legal custody refers to how the parents will make decisions regarding the child’s upbringing. Those decisions can include matters such as where the child will attend school, what religious traditions he or she will follow, and the type of medical services that he or she will receive.

Physical Custody May Be Sole, Primary, or Joint

When a child spends most or all of his or her time with one parent, that parent will be deemed to have sole or primary physical custody of the child. If the child divides his or her time between both parents, those parents have joint physical custody.  Child custody arrangements in divorce proceedings will often designate the amount of time that each parent will have with the children. Because those times are specific to each divorce situation, there is no bright-line dividing line between primary physical custody and joint physical custody. From a physical custody perspective, it is unlikely that both parents will be deemed to be primary physical custodians.

Legal Custody is More Likely to Be Only Sole, or Joint

If both divorcing parents can demonstrate they are capable of making joint decisions for their children without acrimony, they may well have joint legal custody of the children. In this case, it may be valid to characterize the arrangement as one in which both parents have primary legal custody, even if only one parent has primary physical custody. If the parents have sharp, irreconcilable differences regarding critical decisions about the child’s upbringing, a family law court is more likely to award sole legal custody to one parent.

In All Cases, the Child’s Interests Are of Paramount Importance

Verification and approval of all physical and legal custody decisions will always be a function of the custody arrangement that is in the best interests of the child. If the divorcing parents are unable to agree or the court senses a high degree of discord between the parents, it may appoint separate independent legal counsel, known as a guardian ad litem, to represent the child’s interests. The guardian’s report will then help the court to decide the most appropriate physical and legal custody arrangements for a child.

Contact Custody Lawyers Rockland County Trusts

Parents going through a divorce will inevitably want to ease the difficulty of the process for their children. They can accomplish this goal by making well-informed, intelligent physical and legal child custody arrangements.

Choose the custody lawyers Bergen County, NJ, relies on. The divorce lawyers at Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., provide sensitive and professional legal counsel to married individuals in Rockland County, New York, and Bergen County, New Jersey who wish to make the best decisions for their children during divorce proceedings. Whether you are only beginning to contemplate a divorce or have already decided to begin divorce proceedings, we can provide the private and confidential legal counsel you need to make the right decisions for yourself and your children. Please call our New York or New Jersey offices to schedule a consultation today with child custody lawyers that Bergen County, NJ, residents have relied on for decades to represent their rights.

Additional Resources:

1. divorcenet.com: Differences Between Legal and Physical Child Custody. https://www.divorcenet.com/resources/divorce/divorce-and-children/legal-and-physical-custody-children
2. verywellfamily.com: Understanding Joint Legal Custody. https://www.verywellfamily.com/overview-of-joint-legal-custody-2997666