The family court system uses different legal terms to describe guardianship over a child once an agreement is settled between the two parents. One of these terms can be referred to as “child custody”. The judge will decide the terms of the custody agreement, among other factors. The rights and responsibilities of each individual parent are outlined by the custody agreement. Legal terminology and child custody court cases can no doubt be complicated. Information regarding custody is important to become familiar with, especially these sometimes sensitive issues surrounding children.
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Types Of Custody
Below we will explore and learn about the various types of custody. Keep in mind that each divorcing couple will face unique circumstances. A qualified legal adviser will be able to determine what path you and your family should take in regards to a child custody battle.
The legal custody definition can be quite confusing for divorcing parents who are not familiar with child custody circumstances. Under legal custody, there are two subcategories that parents should become familiar with. Joint custody is when both parents are able to share the child. This means that responsibilities are shared and the right to make important decisions. These decisions could be about where the child should go to school and extracurriculars. The decisions could also include the health of the child. Under legal custody, there can also be sole custody. This means that only one parent will have rights to the child, in regards to responsibilities and making important life decisions.
Legal custody can be shared by both parents, as is the case with joint custody. However, this not mean that the parents always need to agree on every decision that is made surrounding the child. Parents should both consult with a legal adviser and determine their individual boundaries when making decisions. Parents involved in joint custody should keep means of communication open.
Physical custody will be granted by a judge and can go one of two ways: joint or sole. Similar to legal custody, however it is not the same thing. Physical custody is where the child will be physically present. For instance, a parent who has sole physical custody over a child will make all the decision making and have all the rights, while the other parent will maybe have visitation rights. Physical joint custody that is awarded to both parents means the child will spend half of their physical time with one parent and half with the other. However, this has grown more and more uncommon. This is because work and personal life schedules are often conflicting.
Finding a Family Attorney to Help with Custody
If you are unmarried, you may be wondering about father’s custody rights. Child custody for fathers is determined on a case by case basis. Being able to see your child, when that child isn’t legally yours, can be challenging. You may be wanting to challenge paternity or adoption, adjust child support, or fix a visitation order. A legal professional will be able to assist you. These procedures can often lead to confusing court cases and a multitude of paperwork to sift through, making an attorney a promising option. For any further child custody questions, it is best to speak with a legal professional who can guide you through the process and inform you of your rights as a father and as a parent.