When two spouses end their marriage, a court will decide how custody of the couple’s minor children is divided between the parents.
Custody consists of both physical and legal components, which are two different issues for the court to resolve.
How is custody decided?
A court will decide whether one parent should have sole custody of the children or whether the parents should share joint custody of the children.
Courts do not presume that the mother should be awarded custody of a child.
Instead, courts weigh the best interests of a child in making their custody decisions.
The court takes into consideration:
- The physical and mental health of the parents.
- Their ability to provide for the child’s basic needs.
- Their emotional relationship with the child.
- The lifestyle of the parents.
- The educational situation of the child.
- The preference of the child, if he or she is old enough to state a rational preference.
Physical custody versus legal custody
Legal custody is the right to make major decisions about how the child is raised and their welfare.
Physical custody means the right to have the child physically with you.
Giving a parent physical custody of a child means that the child will live with this parent. Physical custody can be sole or joint, often depending on how much time the child typically spends with each parent and how close the parents live to each other. If a court decides on sole physical custody for one parent, however, the parent without physical custody usually will have visitation rights with the child.
Cooper Levenson is a full-service law firm established in 1957. Cynthia N. Grob, Esq., a partner with nearly 20 years of experience in family law, can be reached at cgrob@cooperlevenson.com or by calling 856-857-5538.
