Child Custody Questions About Custody Rules
Child custody rules can vary depending on where you live
, but the following questions may help you learn more about the procedures and laws governing child custody.Q. What is legal custody? A. The term "legal custody" means the right and the responsibility of making decisions about your child's upbringing. If you have sole or join legal custody of your child, you have the right to make decisions about his education, religious upbringing, and other important aspects of his life.
Q. What is physical custody? A. Physical custody refers to where your child actually lives. You may be awarded sole physical custody of your child, meaning your son or daughter will live with you, and visit his or her other parent occasionally or regularly. Joint physical custody means that your child will alternate living with one parent, and then the other parent. It is possible to have sole physical custody of your child, and share legal custody with your former spouse.
Q. How is custody decided? A. Custody is decided based on the best interests of the child or children involved. The rule for winning custody of your children is to present yourself as the strongest and best parent, and convince a judge that awarding custody to you is best for your kids.
Q. Will I have to go to court to win custody? A. Even if you can come to a custody agreement with your former spouse, you will still need to have that agreement approved by your local family court. The very best case scenario involves you reaching an agreement that works for all involved parties. If you present a united plan to a family court judge, the chances are very good that your agreement will be approved as written.
Q. What happens if we just can't agree on custody? A. If parents are unable or unwilling to agree to a custody arrangement, they will often be sent to court ordered mediation. A third party unrelated to either side will be appointed to moderate the dispute, and help you come to a reasonable solution. If you still can't agree, you will need to have your case decided by a judge.
Q. Can child custody be changed? A. Your child custody orders are a legal document, so they will need to be changed by the court that issued them. You can apply for a modification of your custody agreement, but keep in mind that the original arrangement will only be changed if there is a compelling reason to do so.
These are some basic questions about common child custody rules. Remember that every state has different laws governing child custody. Look up specific information about your state for more details.
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