Types of Custody Assisted By A Child Custody Attorney

by Eva Braughly Freelance Writer/Blogger

Child custody is a term that refers to the legal guardianship of a child. It describes the legal relationship of the kid who is within the care of the legally recognized parent or guardian. Having child custody means a parent or guardian has the proper to either reside with or make decisions for the kid. Normally, a married couple has joint custody over their child. Child custody is usually raised during other legal proceedings like divorce. a child custody attorney is required to handle the legal proceedings, negotiations, and agreements involved. Most states consider the child’s best interests when deciding about custody.

Child custody is one of the most stressful cases that a parent will go through. A parent does not know what to expect. Even if you are not the one making it a "battle," you still need to go to court with a solid plan of action to prove your case alongside a reliable child custody attorney. Use the following pointers to plan and increase the likelihood that you're going to achieve the result you're hoping for.

Types of Custody

Physical Custody

Physical custody is given to a parent to be prepared to live with the child. Physical custody is often granted solely to at least one parent. If the court finds out that one of the adults is unfit, full sole physical custody is given to at least one parent only. However, if both parties are responsible, parents are going to be prepared to share physical custody. In some cases, the child will reside with one of the adults most of the time but can freely visit the other parent. If a child lives with one parent most of the time compared to the other, the house where the kid mostly resides is going to be the first residence.

There are multiple factors that the court would use to work out which parent should have the physical custody of the kid. A number of the factors that the court uses to work out which parent should have physical custody include:

A parent that has been previously and mostly the child’s caretaker.
A parent that has the support and resources to be prepared to look out for the child.
A parent that lives near the child’s administrative district. 

Depending on the jurisdiction, if the kid reaches a particular age, the court will consider if the kid can make a reasoned decision on which parent he or she prefers to live with. The child’s preference is additionally taken into consideration.

Legal Custody

Legal custody is usually awarded to a guardian or parent, allowing them to make important decisions about the child’s life. Legal custody is often sole or joint, depending on the things of the case. Legal custody involves making decisions for the child’s extracurricular activities, religious discipline, academic choices, healthcare, cultural beliefs, and psychological counseling. a child custody attorney is required to assist the parents to negotiate the terms of the custody.

Courts prefer that both parents have the proper to make a decision for their child through joint custody. Having joint custody is a beautiful option because it allows both parents to be a part of their children’s life despite the divorce. Joint custody allows parents to collaborate in making decisions for the kids. Joint custody works when both parents can cooperate, agree on the values, and both are active in raising the kids.

If the adults never agreed on the choices that are made for the child, causing friction between the two parties. If conflicts arise, the judge may allow one parent to have sole custody of the kids. This is able to mean that the sole parent can make decisions for the kid. Some reasons why the court would choose sole custody is when the adults far apart, one parent is neglectful or abusive, or one parent isn't active within the child’s upbringing. Having sole custody of the kid would mean that the parent doesn't get to consider the opposite parent’s opinions.

Unmarried Parents

If a child’s parents aren't married, most states would award sole physical custody to the mother, unless the father would file for custody. If there was no marriage, the father would have a tough time winning litigation against the mother, especially if the mother is proven to be the biological mother. However, the father can file legal steps to secure visitation or some sort of custody. browsing a child custody litigation is often very stressful. It's important for the parent to understand the laws and the way decisions will affect the child.

Benari Law Group has decades of hands-on experience and a multipronged approach in using proven defense methods and tactics to help defendants. Benari Law Group is dedicated to upholding the 6th amendment and providing the defendant to have the right to competent counsel. At Benari Law, excellence is our only standard. We,  Benari Law Firm give personalized attention from our team. You’ll also have direct access to your attorney. To know more about Benari Law Group, Visit Our Location at (1 Veterans Sq. #200, Media, PA 19063) or Call Us at: (610) 566-1006.

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About Eva Braughly Innovator   Freelance Writer/Blogger

34 connections, 1 recommendations, 98 honor points.
Joined APSense since, February 26th, 2020, From Austin, United States.

Created on Nov 10th 2020 05:48. Viewed 369 times.


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