One of the most complicated issues in family law is the child custody arrangement. Because there’s so much at stake, parents often have many questions about the process. Below are answers to some of the most common ones.

A Guide to Child Custody

What Is legal and physical custody?

Physical custody refers to the parent with whom the child will live. Legal custody refers to the right to make decisions about matters, such as the child's health care, education, and religious upbringing. For instance, a mother might have sole physical custody, while both the mother and father may have legal custody. 

Do mothers automatically get custody?

In the past, "tender years" statutes in many states required mothers of children under the age of five to receive custody. That is no longer the case, and such statutes have been rejected in all jurisdictions. Family law courts now look at factors, such as finances, living situations, and criminal records, to determine custody. 

What if the parents are unmarried?

Even unmarried parents have the rights to custody, visitation, and child support. This is true as long as paternity has been established, either by the father acknowledging paternity voluntarily or by genetic testing.

Can you hurt your claim to primary custody by moving out and leaving the child?

Parents often worry that they could lose primary custody if they move out of the house and leave care to the other parent. In many instances, this is true, even if you have moved out to avoid an unsafe situation. If you want to be the primary caretaker, it can help to take the children out of the house with you.  

When you need help with a family law case, contact Cheryl A Beverson, Attorney at Law in Middletown, NY. She and her team have been serving clients in and around Orange County for more than 20 years. She is a tenacious divorce attorney and will fight for you. If you need the assistance of a proven lawyer, call (845) 341-0008 to schedule a consultation. Visit the website to learn more about her family law services.