Divorce Cases

Divorce Difference: What You Need To Know About Legal Vs. Physical Custody

Written by Adams

The United States has one of the oldest civilizations of humankind dating back to hundreds of years. The earliest American laws were originally European. The English law stated that in the case of divorce, the father was to be in full custodial of the children. Industrialization spiked shifts in the family scenario where women spent more time at home as men went to war and other tenures, a critical factor in determining custody. Between 1839 and the late 1800s, parliament designated full custody of children under 16 years to the mother. The empowerment of women in the workplace, later on, led to granting joint custody to both parents in the mid-1900s. Nowadays, most states recognize the importance of joint legal and physical custody to both parents, unless the candidate is deemed unfit. Understanding the key aspects of both sides is vital in a divorce process.

The Difference between Legal Custody and Physical Custody

Physical Custody

Physical custody refers to the authority granting a parent the right to provide a home for the kids. Typically, judges prefer that one parent be the primary physical custodian while the other maintains secondary rights. The decision favors the children, who get to grow up in a permanent home. The decision is open to a variation where both parents receive equal physical custody.

Legal Custody

Legal custody is the power to decide on issues affecting the child such as where to get the health services, education or counseling. By default, it is natural for parents in marriage to reach amicable solutions. That precondition is what most states try to maintain in the custody battle. The court frequently leans towards granting legal custody to one parent. Sometimes, the parents decide which one is best suited to have the full legal custody with cases such as long distant parenting.

  1. Factors Affecting Custodial Rights
  2. The child’s developmental process.
  3. The child’s preference.
  4. The parents’ employment and living conditions.

The parent’s parenting competency. A distant, abusive or neglectful parent automatically loses the child’s legal custody.

How to Manage Custody Issues

Every parent has a natural disposition to want the best for the child. A divorced couple can easily trickle their issues to children and cause irreversible mental and emotional damage without proper care. Child custody attorneys, like those at Knochel Law Offices PC, offer indisputable services that are a priceless resource in the long run, especially for the child’s developmental health.

A divorce process can be lengthy with many moving parts that affect more than just the couple. Children are impacted by every aspect of divorce. However, it is possible that they come out unscathed with the right legal intervention. The seasoned American court system encompasses every possible scenario that may arise for the betterment of the parents and children.

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Adams