
When children are involved, the issue of custody is often a highly emotional source of contention.
The legal terms used to define custody are often confusing to people. There is a distinction between “legal custody” and “physical or residential custody”.
Legal custody refers to the right of a person to make major decisions on behalf of the child such as decisions regarding the child’s education, health, and religion. Often divorcing parents share joint legal custody which requires them to make these major decisions together. On the other hand, sole legal custody gives one parent the right to make all major decisions on his or her own, without the input of the other parent.
Physical custody or residential custody is a term used to describe the parent with whom the child resides. Sometimes parents have shared physical custody of their children, essentially giving the child two households, in which they equally share time with each parent.
Although the divorce process often enrages feelings of bitterness and resentment towards the other spouse, it is in everyone’s best interest to reach an amicable agreement regarding custody and visitation. Once your marriage is dissolved, you and your spouse still need to raise your children together, even though you now reside in different houses. Your children should not feel like they need to choose sides. To help alleviate this burden that children often assume, it is important that you and your spouse work together to make your divorce as least disruptive on your child’s life as possible.
However, reaching an agreement is not always possible. In this situation, Attorney Berman is prepared to vigorously and aggressively litigate the issue of custody. A child’s interests are paramount to the issue of custody. Those interests are represented, not by the child, but by their own appointed counsel. If the child is too young to articulate his/her interests, a guardian ad litem will do so for them.
Schedule a consultation with Attorney Berman today so that she can provide you with choices, possible alternatives and solutions to your custody problems.