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What You Need to Know About Child Custody


In order to better understand child custody, this guide will educate you on the four cases of child custody which are enforced under law.

Child custody can be a divisive issue for both parents, especially if it's right after a,messy divorce. It gets complicated in cases where one parent makes much more than another. It also gets complicated if the divorce is forced through the courts, as neither parent can agree to a fair deal and especially who gets custody of the child. In all cases, an experienced divorce lawyer can help.

What is physical custody?

Physical custody goes to whichever parent has the right for the child to live with them the majority of the time. For example, a mother historically would get physical custody, while the father would be able to get visitation rights. In other cases, both parents have the right for the son or daughter to live with them for extended periods. In some states, this is called joint physical custody. This occurs mostly when the parents live close together, and has the added plus of allowing the child equal time to grow up with each parent.

What is legal custody?

Legal custody occurs when a parent can make key decisions on how a child grows up, especially in terms of schooling, religion, and medical care. For example, a father with legal custody could choose to send his daughter to Catholic schools, how to treat illnesses, and other key decisions. However, some states give these rights to both parents: they both have a say in deciding the child's upbringing. This is usually preferable for the child. If legal custody is fought, it can get not only ugly but also expensive. However, if you feel your former spouse will make bad decisions, such as being abusive to the child, you can take this to court and fight for sole legal custody.

What is sole custody?

This occurs when one parent is given either sole legal custody or sole physical custody. Remember that by legal custody it would mean making key decisions on how the child grows up, and in physical custody to have the majority of the time spent with the child. Sole custody can be very smart if you are divorcing an abusive or drug addicted spouse. For example, if your husband drinks too much around the child, you may fear for their safety; in this case, sole custody is smart.

It should be noted that state laws are changing nationwide. There is the new idea of giving fathers, who traditionally did not get sole custody, a better place in a child's life.

What is joint custody?

Joint custody is more common in recent years. It means that neither parent is left out of the loop; they are bound by joint legal custody, or joint physical custody, if not both physical and legal custody. This occurs most where the parents are able to agree to plans on the child's upbringing, how much time he spends with each spouse, and where the relationship is an amiable one.

Now you know about custody, but if there are some unanswered questions, contact an experienced divorce attorney today.








Jacob Malewitz recommends http://www.DivorceAttorneyHome.com/ for divorce and child support help. This guide answers questions on whether or not you need a divorce attorney.


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