If you are currently going through a divorce with a child involved, you'll eventually need to decide on what kind of custody arrangement you'll have. That said, there are a lot of terms that are going to potentially be new to you that you'll need to learn. Here is what you need to understand about custody arrangements
Physical Custody
The main part of custody that you'll need to determine is physical custody. This is to essentially determine a child's living arrangement after the divorce. If a single parent has physical custody, then the other parent will be given visitation time. It is possible for both parents to have physical custody, which means a schedule will need to be worked out with which days a child is with each parent.
There are many ways to work out a schedule for physical custody. For example, it can be as simple as splitting custody in half, with each parent having a whole week with their child. Physical custody can also be shared with having certain days of the week that the child lives with a parent.
Legal Custody
Legal custody is quite different than physical custody since it is about who has control over the decisions made for your child. This covers a wide range of decisions, such as where your child goes to school, what religion they will be taught, and even deciding their medical needs. Legal custody is typically totally separate from physical custody. Even if you are a non-custodial parent, it is possible to receive legal custody of your child to make these decisions.
Sole and Joint Custody
Each type of custody can be awarded as sole or joint custody, which really depends on your personal situation and what you agree on with your former spouse. If you cannot reach a decision, you will need to go to court and have a judge make a decision for you.
If you want to seek sole legal custody of your child and your spouse is against it, it is up to you to demonstrate to a judge why they should side with you. For example, there may have been problems with physical or substance abuse in the past that would make your former spouse unfit to have joint custody. While it is not common for a judge to award a parent sole legal custody, it is possible if you make the right arguments. Work with a child custody lawyer for help making your argument in court.
When you are accused of a crime, have to write an important contract, or have a question about a child custody agreement, who do you call? Your lawyer, of course. But how do you know which lawyer is best equipped to represent you? What services might your attorney offer that you are not aware of? Start reading the articles on this website, and you will find the answer to these and other burning questions about general attorneys and their work.
While we are not attorneys, we are interested in the law, and we are excited to pass on our knowledge by way of this blog.