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Child Custody
Child Custody
Of all family law matters, child custody can be the most sensitive to deal with. Child custody refers to the legal rights and responsibilities of parents for their children. When spouses go through a divorce, and they have a child, they will have to decide upon the terms of their childs custody. If they cannot come to an agreement on those terms, the courts will intervene by giving a custody order. If the court feels that neither parent is capable of providing the child with a proper home environment or protection, it may appoint legal guardianship to another family member, such as a grandparent.
Child Custody Factors
When making a child custody decision, the court will consider: the psychological state of each parent, the childs preference (at a certain age), the financial situation of each parent, each parents willingness to allow visitation, the history of domestic violence, if any, and the childs current daily routine.
Types of Child Custody
The types of child custody are joint custody, sole custody, physical custody, and legal custody.
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Joint custody is when both parents share legal or physical custody of the child.
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Sole custody is when one parent has legal custody, physical custody, or both.
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Legal custody is when one or both parents have the right to make decisions pertaining to things such as the childs education and medical care.
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Physical custody is when one or both parents have the child living with them on a day-to-day basis.
Visitation
If the court orders sole custody to one parent, it usually awards reasonable visitation rights to the non-custodial parent. Parents are allowed to work out the visitation schedule together. However, the parent with physical custody has more control over the dates, times, and durations of the visits. Parents are required to be flexible to make visitation work.
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