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Child Custody

Two Types of Child Custody Explained By Spar & Bernstein P.C. Matrimonial and Family Attorney


NEW YORK —   Physical and legal are two types of custodies that can determine the rights and responsibilities of a child’s life in the case of a divorce.

Physical custody is defined by who the child is living with for more than 50 percent of the time.

Although both parents can have joint physical custody, it is not very common, matrimonial and family attorney Meghan Buckwalter explained on Brad Show Live.

Having shared physical custody takes a lot of “cooperation, and generally requires the parents to live very close to one another,” she said.

The other type of custody, is legal custody. This is the parent who has the legal authority to make major decisions on behalf of the child, including their education, health and religion.

Both parents can have joint legal custody if they agree to it, she said.

In the case that parents are fighting over physical or legal custody, the Judge will rule in the best interest of the child.

For the Judge to determine what parent will promote the child’s best interest, many factors are considered, the attorney said.

The Judge will look at who has historically been the primary caretaker of the child, where the siblings live, criminal records and several other factors.

Pointing to a case Buckwalter handled regarding this matter, she noted a particular situation when her client was paying child support, but was the primary caretaker and lived with the child for more than 50 percent of the time.

After having realized that her client was the de facto custodial parent, but legally not so, Buckwalter took the matter to court.

During trial, Buckwalter successfully demonstrated to the Judge that her client was financially and physically responsible for the child on a daily basis, and met the child’s every need.

Ultimately ruling in her client’s favor, Buckwalter’s client acquired physical custody.

To view the entire segment, visit the link here.

For all matrimonial or family legal issues contact Meghan Buckwalter of Spar & Bernstein P.C. at 1-800-529-5465. Attorney Advertisement. Prior successful results do not guarantee a similar outcome.

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