Physical custody determined which parents have their children at any given time. This also includes the kids’ primary address and where they will be getting their mail, report cards, and other important documents. Physical custody also includes where the child spends most of his or her time and with which parent. A child could have two homes at both parents’ residences, and physical access would be divided between the homes in whatever fashion the parties or courts decide is in their best interest.
Parents should also realize that without a custody order, they both have equal rights to their shared children, notwithstanding their current situation. A parent seeking to establish residential time with their kids should consider retaining a Maryland physical custody lawyer for assistance. An experienced child custody attorney could be an invaluable asset during litigation, so do not hesitate to reach out.
Contested Isuues and Physical Custody
Everything in a physical custody trial is usually highly contested, as both parties will be fighting or arguing over the time that they have with their children. Parents who are in a constested custody battle could be fighting over the kids’ regular, holiday, summer, and weekend access schedules as well as where and who picks up and drops them off.
In some cases, parties to litigation cannot agree on who will have physical custody over Christmas break despite having settled their other issues. In order for parents to settle physical custody, they should independently agree on where their children are going to live during the academic school year, the summer, and holidays.
They should take into consideration snow days and other times when the kids are out of school. For example, they should proactively decide what happens if their child is sick and which parent would be responsible for them during that time. A dedicated Maryland physical child custody attorney could help parents plan for these important moments which may be easily looked over otherwise.
Modifying Physical Custody Decisions
Physical custody decisions can be modified by alleging that there has been a material change in circumstances which affects the best interest of the children in question. If appropriately pleaded, there would be a hearing for the motion to modify custody where the petitioner would have to prove their material changes. A judge is responsible for assessing whether there is a need for a physical access schedule change on the basis of the kids’ best interests. Fortunately, a seasoned lawyer in Maryland could help a parent effectively advocate for their children’s needs in an improved and updated physical custody order.
Consult a Maryland Physical Custody Attorney Today
Parents should consult with an attorney before they take any action in regard to the custody of their children. It is imperative that parents understand not only what could happen in a child custody case should it go to court, but also the effects litigation can have on their kids.
Consulting with a Maryland physical custody lawyer before taking action could help ensure that this process goes as smoothly as possible for the children and that they get the resources and assistance they need during litigation. Call today to learn more about your legal options before taking legal action against your children’s other parent.