Custody Lawyer - What Happens When You Fight Over Child Custody?
Child custody cases are filed when one or both parents want to change the custody of their child. If you are in a child custody case and your spouse wants to change the custody of your child, it is important to know that there are certain laws in place that will affect your case. The following information will help you understand what happens if you and your spouse are fighting over custody.
First of all, it is important to remember that there are many reasons why parents can fight over custody. Some of the most common reasons include:
• Divorce
• Adoption
• Death of a parent
• Custody battles between siblings
• Child abuse
• Child neglect
• Child abduction
• Drug use by a parent
• Mental illness
• Alcoholism
• Incarceration
• Domestic violence
• Adoption
• Other
If you and your spouse are fighting about custody, it is important to know how the law works in this type of situation. There are two types of custody: legal and physical. Legal custody refers to who makes the decisions for your child, such as where they go to school, religious education, and medical care. Physical custody refers to who has physical control of your child. This includes things like making sure your child gets to school on time and picks up their clothes from the dryer.
In order to determine which type of custody is best for your child, you need to consult with an attorney. The attorney will look at your case and determine if you have a good reason for wanting to change custody. If so, the attorney will file a motion for custody with the court. The court will then set a hearing date to determine if you should be awarded custody. In some cases, the court may decide to grant joint custody. Joint custody means that both parents share decision making power. In other words, the child lives with both parents equally.
After the court determines that you should have custody, the next step is to determine visitation rights. Visitation rights are the times and places your child will spend with you. These rights can include things like visiting on weekends, holidays, and special occasions. The court will usually set a specific schedule for visitation rights. It is important to note that the court will not allow you to change the schedule without the permission of the other parent.
If you and your child's other parents are fighting over custody, it is important to consult with an attorney. An attorney will help you to understand the law and determine the best course of action for your case.
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