A divorce case will determine the extent of your physical and legal custody over your children. In divorce cases there is a presumption that parents should have joint physical custody, but this does not necessarily mean that the custodial time will be equal. If you are going through a divorce, then you should contact the Brighton Beach NY divorce attorneys at Levitsky Law Firm to learn how your parental rights may be affected.
What is legal custody?
Legal custody involves the right to make decisions regarding your children. This includes decisions about their health, education, activities, and religion. If a parent has sole legal custody, then the consent of the other parent is not required for these decisions. When parents share joint legal custody, then both parents must consent.
Parents are presumed to share joint legal custody. A parent may receive sole legal custody if the other parent has been absent or otherwise demonstrated an inability to act in the child’s best interest.
What is physical custody?
Physical custody is the physical contact and visitation with a child. There is a presumption that both parents should have frequent and continuing contact with their children. When parents share joint physical contact, then both parents have significant, but not necessarily equal, time with the children.
A court will order a physical custody schedule that serves the best interest of the children. The court is required to consider several factors in making this decision.
How does a divorce affect parental rights?
A divorce case will determine the extent of your legal and physical custody of your children. Because your parental rights are highly protected by the Constitution, termination of your rights can only occur if certain procedures are followed and factors can be shown.