Legal Custody

When the decision is made to end a marriage, the property will be split up and the children will be given to one parent to raise (sole custody) or will split their time equally between the two parents (joint custody). Regardless of where the children live, the decision of legal custody will take into account what the best interest of the children is. If the children are of a certain age, they may be asked for their opinions and concerns which may or may not influence the judge's decisions. Physical custody is given to the parent who will be spending the most time with the child. Legal custody is different in that it is the parent that will make the most of the decisions regarding education, religious upbringing, moral development and other factors for the child. Religion can be a major sticking point in custody battles and can actually become part of the final divorce decree. Parents will then have to either comply with the directives of this decree or return to court for a modification. While most parents will pay as directed, sometimes one will refuse to comply with one order or another, meaning that the courts will have to be called in once again.

Fast Facts

  • Child support cannot be withheld as a form of punishment because the legal custody of the child is not agreeable

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