Child Custody -Overview, Types, And More!
Getting a divorce is not an easy decision to make, and it always involves a lot of factors that need to be taken into consideration. If you have children, that adds another layer of complexity to the case, as custody also needs to be determined. Check out this website to know more.
What is child custody?
When the parents of the child are married, they share equal rights and responsibilities over the children. But after divorce, physical or legal custody of the child needs to be determined. The parent granted custody of the child is known as the custodial parent.
What are the different types of child custody arrangements?
There are a few different types of child custody arrangements, and the type of custody arrangement for your case may depend on the facts of your case. The different types of child custody are:
Physical custody determines who lives with the child. The parent who is granted physical custody is called the custodial parent. When one parent has been granted physical custody, the other parent usually gets visitation rights to visit the child.
Legal custody is the ability of the parent to make decisions for the child. These decisions may include the child’s religion, schooling, sports, medical concerns, etc. In most cases, even when one parent has physical custody, both parents can share the legal custody.
In cases where one parent is deemed unfit, the other parent is granted sole custody. Sole custody is when only one parent gets physical and legal custody of the children. In some cases, even when both parents are fit, one parent is given sole physical custody to maintain stability for the child. The court always considers the best interests of the child when determining custody.
Joint custody is the type of child custody arrangement where parents continue to share their rights and responsibilities over their children, even after marriage. This type of custody arrangement is usually the most preferable.
Who decides the custody?
The court will likely accept that if the parents can decide and reach a mutual agreement for the child custody arrangement. The parents should work together and mutually decide what is best for their children.
However, if the parents can not agree, the judge will investigate and determine custody.
Do you have a child custody case?
If you have a divorce or child custody case, do not waste any more of your time. Talk to an experienced family law and divorce attorney to figure out what to do next and explore your legal options.