What You Need To Know About Child Custody
There are four classifications of child custody defined in almost all fundamental law books: physical, legal, sole and joint custody.
Physical Custody
The privilege for you to have the son or daughter reside with 1 mother or father is actually granted through physical custody. If a child gets to spend noteworthy and remarkably equal number of time with both dad and mom, certain processes of law might award joint physical custody.
When the child lives with one parent only, this is considered a sole physical custody and is usually with the other parent having visitation rights. The extent of the visitation rights would depend on who decided the custody: the court or both parents themselves.
Legal Custody
The right and the obligation to make major decisions about the child's upbringingincluding but not limited to schooling, religion, and medical careare granted through legal custody, regularly through joint legal custody in most courts which means the right and the obligation are shared by both parents. When one of the parents excluded the other in making decisions, the latter can take the former back to court and implore the judge to enforce the custody agreement. The fines and short-term incarceration are obviously out of the question, but the embarrassment and friction resulting from this undertaking make harm the children. Being represented by an attorney would make it more expensive too!
In extreme cases when one parent owns all the rights and obligations in the decision-making process, the other parent can file a lawsuit and ask for sole legal or sole physical custody.
Sole Custody
One parent can either have sole legal or sole physical custody of a child. Some reasons for the courts to favour one parent over the other would be when the other is deemed unfit due to alcohol and/or drug dependency, a new partner who is unfit, child abuse charges or neglect.
Courts and mediators in many states are generally little by little veering away from granting sole custody to a single parent and instead are certainly gearing towards broadening the function that both mom and dad play in the rearing of the child.
Joint Custody
When both mom and dad share the decision-making obligations and/or physical control and also the custody of the children - this is known as combined custody. This may be:combined lawful custody or joint physical custody and, joint lawful and physical custody.
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