Child custody is a court-ordered decision that determines who the child will live with. While each case is unique, courts generally try to make a decision that is in the child’s best interests. Some of the factors considered by courts are the wishes of the parents and the child’s mental and physical health.
There are many options for child custody, including joint custody or sole custody. The main difference between these options is the amount of time each parent will spend with the child. Joint custody allows both parents to spend time with their child, while sole custody places the child with one parent almost full time. Each of these options will require parents to work together in order to ensure that the child’s best interests are protected. Consider obtaining legal advice from an experienced child custody attorney.
Joint physical custody gives both parents equal rights regarding where the child will live and how much time they will spend with the child. The child will spend most of the year with both parents, but the parents can also choose different living arrangements. The child may live with one parent during the school year and the other during the summer months. In either case, both parents will exercise all of their rights.
Legal custody is also a major factor in child custody. A parent with legal custody makes important decisions for the child, such as where they will attend school and which religion they’ll follow. Joint legal custody allows both parents to work together and make decisions about the child. Sole legal custody, on the other hand, grants only one parent the right to make major decisions for the child.
Child custody can lead to contentious dealings between parents. Parents who are unable to come to an agreement regarding the child’s upbringing will most likely seek court intervention. A judge will review the parents’ rights and decide whether or not they are capable of resolving their differences on their own. Depending on the circumstances of the case, the court may grant sole custody to one parent or a combination of both parents. If this is the case, the child custody order will determine who is responsible for the child’s upbringing.
The best interest of the child is the most important factor in a custody decision. It is important to note that the best interest of the child is not age-specific. A 12-year-old child will have different needs than an eight-year-old. A court must consider the “totality of circumstances” in order to determine the best interests of the child.
The custody order determines which parent will have physical and legal custody of the child. While physical custody refers to where the child lives, legal custody refers to the parent with legal authority to make decisions about the child, religious, educational, and medical decisions. Visitation is also a crucial part of a custody order.
In the early 2000s, many parents chose to live outside of their state for various reasons, such as employment, extended family ties, or the standard of living. The Uniform Child Custody Jurisdiction Act governs when a court has the jurisdiction to make custody determinations. If an existing custody determination is made by another state, the court must defer to it.