The Various Forms of Child Custody

Law Blog

If you are divorcing your spouse and have young children together, one of the issues you would have to contend with is the custody of the children. Typically, it would be in the best interests of the parents to try to come to a decision that would be agreeable to both parties and also benefit the children. Nevertheless, some divorces can become quite bitter and the former spouses may not be able to come to any agreement in matters regarding the children. In these circumstances, it would be prudent for you to seek legal counsel and have the courts make the decision on what type of custody would be most suitable for the children. Below is an outline of the various forms of custody agreements that you could end up with after the court has intervened.

Legal child custody

With this type of custody, the parent awarded with legal custody will be responsible for making any decisions that affect the welfare and the needs of the child. The parent granted legal custody will have the final say on matters such as healthcare, the children's education, the religion they will subscribe to and more. Having legal custody means that you will not have to consult with the other parent when you are tasked with making big decisions about your child. It should be noted, though, that although the courts will typically grant legal custody to both parents, there are some occasions when one parent is given sole legal custody.

Physical child custody

With this type of child custody, one parent will get the right to live with the children whereas the other will have visitation rights to come and see their kids. In the event that it would be in the child's best interests to spend equal time with both their parents, then the court will grant joint physical custody. The court can then determine how to split the child's time between the two parents or the parents can come to an agreement on what duration each parent will have with the child.

Sole child custody

If a parent is granted sole child custody, it means that they are solely legally responsible for the child and will also have sole physical custody of the child. Sole child custody is one of the extreme options. As such, it is usually granted when a parent can prove in court that the other parent is unfit to be around the child.

Contact a company like Marino Law for more information about your options.


27 October 2016

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