minor law offices
Physical Custody I Legal Custody
Representing Unmarried, Divorced, or Divorcing Parents in Family Law near Fort Mill SC, Indian Land SC, Lancaster SC, Chester SC, York SC, Gaffney SC, Lake Wylie SC, Charlotte NC, and Gastonia NC
Child Custody involves which parent has a legal right to make decisions about the child and where the child lives. It often becomes an issue when parties separate and/or divorce with children. The most problematic questions are as follows:
- Where and with whom will the children live?
- How will we handle decision making?
- How will we divide parenting time with the children?
Additionally, child custody can become a legal issue where another parent has concerns about the decision making and actions of the other parent, which ultimately has an impact on the well-being of the child.
Understanding the Differences between Physical and Legal Custody in Family Law
Physical Custody is where the child primarily resides. In most cases, the child cannot live in both places at once or spend an equal amount of time in both parents’ homes; therefore, the parent who has the child primarily in their home has physical custody of the child. In rare instances, if the child spends equal times (overnights) with both parents, the parents would have shared or joint physical custody.
Legal Custody involves decision making especially in areas of Education, Medical, Religion, and Extracurricular Activities. It is very typical for parents to have joint physical custody, meaning they share the responsibility of making decisions for the child. However, in some instances where parents are unable to work together and make decisions, the Court will designate a parent as a primary decision-maker when parents are unable to agree
Types of Custody
Sole Custody: One parent has both physical and legal custody of the minor child. The other parent cannot make decisions affecting the child.
Joint Legal Custody: Both parents (custodial and non-custodial) can make decisions that impact their child/children. In circumstances where there may be disagreements between the custodial and noncustodial parents; the courts can settle disputes.
Joint Physical Custody: When parents share joint physical custody, the children split time between living with both parents.
Are you facing a difficult Child Custody Battle and need the help of a licensed South Carolina or North Carolina Family Law Attorney?
Affordable Child Custody Lawyer in Charlotte, North Carolina
Are you unable to spend time with your child due to the other parent’s actions? Do you desire to spend more time with your child? If the answer is YES to either question, you should give our Family Law Office a call at 803-504-0971 to discuss your legal rights. Don’t delay, let Minor Law Offices fight for your Parenting Time/Visitation rights in the court of law. Your child/children deserve to spend time with you.