Know Your Parental Rights And Responsibilities
In a divorce, one of the primary concerns of many parents is in regards to the custody of their children and their parental rights. These questions most often revolve around the differences between legal custody and residential placement, or physical custody.
The Details Of Legal Custody
In Delaware, legal custody refers to the right to participate in major life decisions regarding your child, including decisions relating to education, religious affiliation, or health care. Generally, joint agreement is required over these decisions, unless otherwise decided by the court.
Nevertheless, even in sole custody cases, the other parent has the right to receive information about these decisions, as well as about the child’s general health and schooling.
What Is Placement?
Placement, or residential placement, (sometimes referred to as physical custody), refers to where the child will live most of the time. If the child stays mostly at one parent’s resident, that parent is said to have primary placement of the child.
If I Have Custody, Can I Relocate With My Child?
Generally, in order to move to a different geographic area, or out of state, with a child, the parent must obtain the consent of the other parent or seek permission from the Court. Failure to do so may be considered interfering with the other parent’s rights to visitation and custody. Relocation issues are often complex and take into consideration a number of factors. It is recommended that you contact an experienced attorney to assist you in such instances.
Speak With An Experienced Attorney For A Clearer Understanding Of Custody Matters
While some custody matters are resolved without difficulty, each case is unique. If you have questions about your rights or the particulars of your custody or family law situation, you should contact a knowledgeable lawyer who would be able to more clearly explain your rights after learning the details of your case.