Dominic A. Tomaio Family Law Attorney NJ

Who is the Custodial Parent After a Divorce?

When parents go through a divorce, they are required to settle future arrangements for their children. This includes matters of child custody and child support. During the proceedings, parents determine custody arrangements, including physical and legal custody. This establishes a child’s custodial and non-custodial parent. The custodial parent is the one with whom the child lives and spends the majority of their time. This position in a child’s life comes with many responsibilities.

Responsibilities of a Custodial Parent

When a parent obtains physical custody of their child, they are the custodial parent. Being this person in a child’s life is very important. The custodial parent has several responsibilities, as the child lives with and spends most of their time with them. This parent must provide the child with basic stability, including a home, food, clothes, an education, and more. A custodial parent must put the best interests of their child before their own to ensure they have a happy and healthy upbringing.

How are the Arrangements Made?

Sometimes, parents are able to reach decisions regarding custody themselves. Other times, they require the assistance of the court. Divorce can greatly impact children, which is why the matter should be handled sensitively. When a judge makes these decisions, they rule in the best interest of the child. This ensures the child is put in an environment that is best for them. In order to reach this decision, the judge considers several factors relating to family and the needs of the child. 

What is Legal Custody?

Even if a parent does not have physical custody, it is important for them to fight for legal custody. This is because legal custody covers a different aspect of a child’s life. This type of custody allows a parent to have a say in making important decisions regarding their child’s upbringing. These can include education, healthcare, religious practices, and more. 

Can Custody Arrangements Change?

Custody decisions are made for a child based upon what is best for them in their life at that moment. While a judge does their best to make the right decision for the child, they cannot predict the future. As families grow, their circumstances are subject to change. Sometimes, this may require a change in their custody agreement. It is because of this that the law allows for modifications to be made over time so that they may better suit the family’s new situation. It is important to know that, in order to do this, the family or parent is required to prove a significant and ongoing change. 

Contact our Firm

If you need an experienced legal team to guide you through your divorce, contact Townsend, Tomaio & Newmark L.L.C today.

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