Understanding Family Law Child Custody

Written on October 9, 2014 at 1:26 am, by admin

In case parents divorce, court of jurisdiction in charge of the divorce proceedings has to rule on the child custody arrangement. According to the common statutory provision, if the parents had children together while they were married, both of them have a joint guardianship over their children and their parental rights are equal. Contact your Everett divorce lawyer today.

When determining the legal home where the children are to be placed, the court always strives to reach a decision that is in the best interest of the children. This decision is arrived at by considering wishes of the parents, child’s relationship with each parent, siblings or any other person who may substantially impact the child’s interest, the child’s comfy in his or her home and school and both mental and physical health of his or her parents.

Family Law Child Custody

Types of child’s custody

The parent granted child custody control decision, pertains to child’s health care, up bring and education. The court has an option to choose one of the following types of child’s custody when ruling on family law child custody. Contact your local lawyer firm today to learn more.

  1. Physical custody

This type of custody means that one parent has the right to have the child live physically with him or her. A joint physical custody may be granted if the child spends more time with both his or her parent, but this only works best when both parents live close to each other.

However, if the child lives with one of the parents and the other parent granted visitation, the parent living with the child has a sole physical custody of the child- custodial parent, while the other becomes non custodial parent.

  1. Legal custody

This simply means to have the right and obligation to make regarding the child. A parent with legal custody makes decisions on child’s medical care, religious up bringing and schooling. Often, courts grant joint legal custody, where both parents make decision concerning their child together. If one violate the agreement and exclude the other parent from decision making, the one excluded can go back to court and ask for enforcement of the ruling.

  1. Sole custody

If a parent believes that the situation between him or her and the other parent makes it almost impossible to have a joint custody, the parent has to convenience the court that it is not in the best interest of the child when joint custody is consider, therefore a sole custody will be considered.

Sole custody means that one parent either sole physical custody or sole legal custody of the child. The court will not hesitate to grant sole custody to one parent if the other parent is deemed unfit, for example charges of child abuse, over dependency on alcohol or drug abuse, or general child neglect.

Sole custody is very hard to be issued in family law child custody because many state courts encourage the role of both parents play in the upbringing of their child and may opt for a sole physical custody but still grant a joint legal custody. In this case, one parent is deemed as a physical caretaker of the child, but legal decisions on their child are still made jointly.