Legal Custody vs. Physical Custody
Legal custody vs physical custody is one of the most misunderstood legal concepts. Divorcing Canadians and unmarried parents may come to a point at which they need to have a custody hearing. They will need to know the differences between the two concepts of custody. With full education and the help of a reputable attorney, the parents can come to an agreement that is in the best interest of their kids.
Legal Custody
True legal custody of a child is the complete legal control over all aspects of the child’s life. When a judge gives a parent legal custody of a child, he or she is giving that parent the jurisdiction over the child’s living arrangements, educational choices, care providers, upbringing and the like. Generally, Canadian judges try to steer away from giving one parent sole legal custody. However, in some circumstances, this decision may be more appropriate.
Physical Custody
Physical custody is a term that refers to the child’s residential status. The person who has physical custody of the child will have the child in his or her home most of the time. The child will go to school and live his or her life with the physical custodial parent. The other parent may exercise visitation rights. This person will also pay the custodial parent child support to help take care of the child’s educational and childcare needs.
Legal Custody vs. Physical Custody
The courts can award one parent physical custody, and both parents may share legal custody. A judge may also feel that both parents should have 50 percent physical custody. They make their decisions based on an assessment of both parents. The courts will review such areas as the criminal records of both parents, the nature of the relationship between the child and both parents, and the wishes of the child in some cases. The judge will seek to make a decision that best supports the emotional health of the minor child.
Determining Legal Custody vs Physical Custody
Another aspect the judge may examine is the condition of each parent’s home. The courts will want to place the child with the parent who lives in the most stable environment with everything the child needs. For example, the courts would lean more toward a parent with a four-bedroom house than a parent with a one-bedroom apartment.
Going through a divorce is never easy. Divorcing couples need to come to an agreement as to how they will take care of their kids. If they can’t reach an amicable conclusion, the court will decide who gets custody of their kids. In such a case, it would be wise to hire a divorce lawyer who can not only help you win the case, but also explain in details what legal custody vs physical custody entails.
A family law attorney should be able to answer any questions you may have. The Toronto divorce lawyers at Fine & Associates are well experienced and are here to help you through your trials.