Family Law: On Legal and Physical Child Custody

Child Custody in Albuquerque Divorce processes, unfortunately, has no perfect formula or procedure. Each family has a unique situation that requires a different approach to have the best results to all the parties involved. Among the issues that need to be discussed is the child custody matters.

The most sought after ruling in child custody is always joint custody; however, there are certain factors that need to be fulfilled before both parties arrive at this agreement. In Albuquerque NM, just like in most cities, reputable family lawyers commonly deal with two types of custody issues: legal and physical custody.

Legal Custody

Legal Custody is one aspect of raising a child after divorce. This type of custody allows for the parent that has the legal custody to make the major decisions that will affect the upbringing of the child. These decisions include the child’s education, religion, health care, extracurricular activities and more.

There are two ways in which legal custody can be exercised. Sole legal custody entitles just one of the parents to make all key decisions that will influence the child’s life in general. If the state grants this to you, you do not have to take into consideration the wishes and opinions of the other parent. Joint legal custody, on the other hand, means both the parents have equal contribution on decision-making for the interests of the child.

Physical Custody

Most of the time, physical custody is also granted to the parent that has the sole legal custody. The parent that receives the physical custody of the child will have to provide the basic needs of the child on a daily basis. Naturally, to do this, the child will have to stay with the parent.

It is important to be aware that agreements about the interests of the child will have to be discussed with a professional family law attorney. It is ideal to get professional advice from lawyers who are aware of the state family laws. It is also noteworthy to mention that most states prefer to give out joint legal custody for both parents for the best interests of the child.