And more importantly, even the best of custody lawyers cannot help you much when you are not sure of what you need. Therefore, it is very important that you should have some knowledge about child custody before you indulge in the custody battle with your spouse and hire lawyers for custody battles.
So today we will discuss a few basic things that one must know about child custody.
Types of child custody
Physical Custody
Physical custody means that a parent has the right to have children live with him or her. The parent who is awarded physical custody is called the custodial parent, and he or she is responsible for taking care of the child.
Physical custody is often the most common area of dispute between divorcing parents. When parents are not able to decide who will have the child, then the court makes the decision in the best interest of the children. The court can either award the joint physical custody or sole physical custody depending on various factors, such as mental stability, criminal behavior, drug addiction, and child interest.
Legal Custody
Legal custody means that a parent has the right to make decisions about the raising of the child and key aspects of a child’s life. A parent with legal custody can make a decision about the child’s education, healthcare, religious upbringing, and other key aspects of life. In the majority of cases, parents are awarded joint legal custody by the court. Sole legal custody is awarded to a parent only when the other parent is abusive, drug addict or accused of violence.
How child custody is awarded?
Child custody can be awarded in two ways- Joint custody and Sole custody.
Joint Custody
In joint custody, both the parents have the custodial rights. In the majority of child custody battles, court awards joint physical custody and joint legal custody to parents.
In joint physical custody, the child can live with each parent as per the child custody arrangement planned by the court. And in joint legal custody, both parents have rights to make the important decision of a child’s life. If your spouse is trying to deny your joint custodial rights, you can fight against your spouse in the court with the help of custody lawyer, and it is in your best interest to hire lawyers for custody battles.
Sole Custody
Sole custody means only one parent has the custodial rights. Court usually does not award the sole custody to one parent unless the other parent is deemed unfit.
In case only one parent has awarded sole physical custody, only that parent has the right to have a child with him or her, and other parent gets visitation rights. Insole legal custody, only one parent is responsible for making decisions in the life of a child. However, chances of awarding sole custody are less likely to happen unless the other parent is a drug addict, abusive, or has a criminal record.
How child custody issues are resolved?
Child custody issues are can be resolved either through out-of-court alternative dispute resolution or court battles.
Out-of-court Alternative Dispute Resolution
In this process, your child custody lawyer tries to negotiate with your partner lawyer to come up with a mutual child custody agreement. This is the best way to resolve the child custody issues. Majority of the child custody issues are resolved out-of-the court through alternative dispute resolution proceedings, like informal settlement negotiations with the help of custody lawyers, mediation, or collaborative law.
Court Battles
If you are not able to resolve the child custody issues out-of-the court, then you have to indulge in the court battle with your spouse. You child custody lawyer represents you in the court, and fight for your custodial rights. You need to hire topmost lawyers for custody battles to achieve favorable outcomes.
This was the brief guide on the child custody.
If you are also facing child custody issues, first determine what you want, and then hire lawyers for custody battles to best protect your custodial rights.