Child custody can turn into a family battle, if both the partners could not agree on a custody settlement.
If you are planning to get a divorce soon and have kids under the age of 16, then their legal custody options need to be considered first. If one parent happily agrees to take the custody of the children and the other party has no issue with this arrangement, then there is no need for the court to intervene. However, you should know that the court needs to determine the interests of the children as well and you might need to have custody lawyer free consultation in this regard.
Types Of Child Custody
There are two main types of custody – physical and legal. To understand these legal terminologies, you must understand the difference of both the terms.
Legal Custody
Having legal custody of a child means a parent has the right to make decisions like, schooling, long-term life decisions, education, religion, and health care on behalf of the child. In most of the child custody cases, the court usually grants legal custody to both the parents – except for the cases when a parent does not accept the court’s decision.
Physical Custody
Physical custody simply defines who your children are going to be living with. If you have children under 16 years of age and you are divorced as well, then you already are keeping physical custody to yourself. Nearly all courts tend to grant the physical custody to one parent, although the parent with noncustodial rights has the visitation rights only. Moreover, courts generally grant sole physical custody to one parent only.
What Are The Other Types Of Child Custody?
Both legal and physical custody types can be sole or joint.
Sole-Custody
One parent can have sole physical custody, sole legal custody, or both. Except, if it is demonstrated that a parent is not capable enough to take care of the child. There is a pattern that Family Courts follow to grant custody in a way that will offer the non-custodial parent a chance to perform a big role in their kid’s life. It is extremely uncommon in the present society for a court to grant sole legal custody.
Joint Custody
The name of this type is self-explanatory. This type basically refers to the process in which both the parents get the custody. Both parents can have joint physical custody, joint legal custody or both.
Custody problems are complex, because of the legal language that changes with the states that is why custody lawyer free consultation is advised.
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Pros & Cons Of Joint Custody
It’s helpful to understand the usefulness of joint custody arrangements. One of the main advantages of a joint custodial arrangement is that a child remains in contact with both parents and has the opportunity to spend time with the family, which is an essential part of a child’s life. Other than that, it shares the financial burden the parents have to bear.
On the other hand, there are some disadvantages to this arrangement. For example, a child which is said to be on the joint custodial arrangement has to move to and fro during the visitation period. If any parent has an antipathy towards the other parent, it may have a negative impact on the children. It is also not possible sometimes to keep a separate home for children.
What Are The Grandparent Visitation And Custody Rights
The most important thing that a court considers is the interests of a child. When grandparents seek visitation custody, the court considers what is the best for the child. It is up to the court to determine if the child should spend time with their grandparents or not. However, grandparents have the right to visit their grandchild – even if the physical custodian is reluctant. This is to ensure that the child grows up while staying in touch with all the people who care of the child.
How Can An Attorney Help?
An attorney can help in all aspects of child custody. They will make sure that all of the children are getting their rights according to the court orders.
From your child custody lawyer, you may inquire about your parental responsibilities and rights, so that you have a complete understanding of the custodial laws. Other than that an attorney can help you in:
- Child custody
- Modifications of child custody orders
- Child support
- Grandparents rights
- Child relocation
- Child support
- Non-parental custody rights
- Paternity issues
- LGBTQ custody issues
Custody Lawyer Free Consultation
You can have a free consultation about your child’s custody online as well. For your reference, some of the law firms are mentioned below that offer free consultation on child custody matters.
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