How are physical and legal custody different?

How are physical and legal custody different?

Many decisions are made during the divorce process. Marital issues need to be resolved before the divorce is declared to be final. Child custody arrangements are a major decision that need to be made in order to prepare for the children’s lives after their parents no longer live together. Through this arrangement, it can decide who the children spend more time with or if their parents have legal rights over them. For these cases, custody is arranged into physical and legal custody. Parents are given certain rights based on these chains of custody.


What happens if my former spouse fails to follow custody arrangements?

Custody arrangements are court orders, meaning that they must be followed by each spouse. Otherwise, spouses may prove to be in contempt of court and jeopardize their custody of their children. 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.

Arrangements 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. Since new circumstances can arise, this can be beneficial. The judge will always consider the health and safety of the child first. If the health or safety of the child is being compromised due to the current arrangement, this is another reason that can lead to a modification.


Read Our Latest News and Blogs

  •  How do I Prepare Sentimental Assets in my Estate Plan?
  •  Can Adultery Impact the Outcome of my Divorce in Alabama?
  •  What Should I Know About Elder Law?