During a divorce, child custody is one of the most important issues. There are a few ways custody can be decided and shared, and courts base their decisions on the best interests of the child. Here, you will learn about various types of custody, and you will learn how Child Custody Attorneys can protect your rights.
Physical Custody
In physical custody, a parent has the legal right to have the child live in their home. Some states award physical custody jointly, and children will spend time with both parents. Joint arrangements work best if parents live close together, as it allows for a more normal routine. When a child lives with one parent and visits the other, the custodial parent has primary custody, and the other parent has visitation rights.
Legal Custody
If a parent has legal custody, they have the duty and the right to make decisions for their children. Parents with legal custody can make decisions on education, religion and medical treatment. In many states, courts award legal custody jointly, and parents share decision-making duties.
If you share custody and you keep the other parent from making decisions, that person can take you to court and petition the judge to force you to follow the agreement. You won’t receive fines or be arrested, but it can cause trouble in your family. If you believe that your relationship with the other parent will keep you from sharing joint custody, you and child custody attorneys in the McHenry area can ask for sole custody if you can convince the court that it’s in the child’s best interests.
Sole Custody
A parent can have sole legal and physical custody of a child. Most courts will award sole custody if the other parent is unfit for any reason, but many courts prefer joint custody arrangements. The noncustodial parent may receive supervised visitations.
Parents who live apart and share decision-making duties for their children are said to have joint custody. This type of custody can be legal, physical, or both. Joint custody is preferred in most jurisdictions because it allows both parents to maintain a close relationship with the child. For help with child custody matters, call Bruning & Associates, P.C.
