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Child Custody and Visitation Types

Child custody is not as simple as the media makes it out to be, and custody disputes don’t just result in the mother giving custody of the child. In situations where the parents are divorced, not married, or live far away from each other, the issue becomes complicated. This is why many parents considering divorce choose to hire a child custody attorney who can help them with any legal troubles and fight to retain custody of their child.

Most state laws define custody as one or both parents having responsibility for the child’s welfare. Physical custody is what most people think of when they talk about custody. It refers to where a child lives on a daily basis, which can be given to one parent or both. Legal custody is a related matter and refers to the right to make important decisions about a child, such as education and health care.

Each state has its own laws regarding family matters, including child custody. Contrary to popular belief, family courts do not favor one parent over the other on the basis of gender, and the court does not favor one form of custody over another. There are several types of custody and visitation privileges available in most child custody situations, described as follows:

Joint Physical Custody

In cases where joint legal custody is awarded by a judge, the child is essentially split between the two parents. The child may live with each parent for a specified period of time, allowing the child to spend equal time with both parents. Joint legal custody should not be confused with situations where one parent has custody, but gives visitation rights to the other. This form of child custody is best suited for parents who are able to work beyond their differences and make decisions together in the best interest of the child.

Joint Legal Custody

Neither parent is given preference by judges when it comes to making decisions for the child’s welfare. However, in some situations, the court may give one parent the power to make certain decisions for the child, depending on certain factors. This type of custody should not be confused with joint physical custody, where the child is given equal time to each parent. Instead, joint legal custody is based on the parents’ desire to make decisions about the child. “Joint Custody” is another term that can refer to joint legal custody or joint physical custody and the term is often used interchangeably.

Sole Custody

The court may make one of the parents responsible for major decisions in the child’s life, which may include education, health care, religion, and general welfare. This does not mean that both parents are prohibited from making decisions together; however, sole custody is generally awarded by the judge in situations where it would cause too much conflict to do so, such as situations where domestic violence has occurred. Under the law, the child’s custodial parent (the one with sole custody) can make decisions on their own, even if it goes against the wishes of the other parent.

VISITING

Visitation usually refers to the non-custodial parent’s ability to have “parenting time.” Although the child may live with the custodial parent, they may still have contact with the other parent for a specified period of time previously determined by the court. It depends on the unique facts behind each family’s situation. When a judge determines this time period, they will consider the parents’ work schedules, child safety, child care history, school locations, as well as parent/child preferences in making the decision. on visitation schedules. However, even if the child is allowed extended visitation time with a parent, this does not mean that the parent will retain any level of custody.

Supervised Visitation

In determining visitation, there are many situations where the safety of the child or custodial parent is of concern to the judge. Usually these are cases of domestic violence, where the child should not be left alone with the abuser. In order for the judge to grant supervised visitation, the custodial parent must prove why it is necessary. The specific facts behind each situation will also decide how long and how often supervised visits are.

In addition, parents are not required to maintain custody or visitation of their child in court. For some parents, getting involved in the court system can add more stress or financial burden. If the parents are on good terms, they can get an informal decision about custody or visitation of their child. However, if there is potential for future conflict over custody or visitation agreements, parents can still turn to the courts to resolve the issue.

There is no one-size-fits-all solution to resolving the issue of child custody when faced with a divorce or separation. As with the rationale behind court decisions regarding child custody, parents facing this issue should place priority concern on the option that will allow the child to live a healthy lifestyle. This may mean that one parent retains sole custody or has joint legal custody of the child. Whatever you ultimately decide, remember that your child will experience a large portion of the impact from the child custody decision.

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