We Live in Different States Now – What About Child Custody?

Many divorcees across America who were once living together in the same state are now separated living in different states. We know this can be an extremely difficult situation for any family to handle. Custody concerns can be made harder and more difficult to work through due to the sheer distance between the parents. This is why it’s always best to consult experienced attorneys, like those here at San Jose Family Law, who deal with these subjects on a daily basis. This article will discuss some of the common questions and issues that come up regarding custody and divorcees who live in different states.

Physical Custody With Parents in Different States

The largest concern for divorcees comes when determining which parent has physical custody of the child. Physical custody, as implied by the name, is the decision regarding which parent the child will spend their physical time with. Most states recognize that it is impractical to split physical custody of a child evenly between parents unless they live a short distance across state lines (South Lake Tahoe for instance). The distance between parents is often too great, and the strain on the child would be too much. One solution is that the child would spend the summers with one parent and the school year with another. Another common solution is that one parent would gain 100% physical custody of the child and the other parent would gain visitation rights. Each family has a unique situation that family courts will listen to and understand, and make a decision in the best interest of the child.

Legal Custody with Parents in Different States

The other largest concern comes when determining legal custody of the child. This is the right of a parent to make decisions regarding the child’s well being and life. Which school should the child attend? Which medical provider will the child use? Legal custody of a child can be given solely to one parent, or split in half if both parents can prove they can both be relied upon to make decisions. This generally isn’t as big of an issue in the delicate situation of parents living in different states. But, it must be discussed in any child custody case.

Finding the Right San Jose Family Attorney

Every family situation is unique and requires it’s own solution. We know this can be extremely difficult. Its is always best to consult an experienced attorney, such as those here at San Jose Family Law, when attempting to find a solution to these delicate issues. An experienced Family Attorney who specializes with these issues can guide you through the processes of navigating family court.  Feel free to contact us at San Jose Family law for a consultation.

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