Understand the Laws on Child Custody in Daphne, AL

Laws on child custody in Daphne, AL are not as straightforward as they might seem. There are different levels of legal custody, and the familial situation plays a huge role in determining which parents gets what type of custodial privileges. It helps to understand the laws before filing for your separation.

 

Legal versus Physical Custody

 

Legal custody means that the custodial parent is responsible for making the decisions that affect the children’s lives. This includes education, medical care and religion among other things. Physical custody is the parent with whom the children live.

 

Joint Legal Custody

 

Laws on child custody in Daphne, AL state that joint legal custody means both parents are both responsible for decisions surrounding the children’s welfare and are expected to work together even after the divorce. Joint legal custody may be awarded 50/50 on all decisions, or each parent may be given sole responsibility over different decisions.

 

Sole Legal Custody

 

Sole legal custody means that only one parent has the right to make decisions surrounding his or her children’s welfare. This is usually awarded only in cases where one of the parents is determined unfit. It might also be awarded if the parents themselves agree to this arrangement and the father or mother defers his or her right to the other parent.

 

Joint Physical Custody

 

Also called “shared physical custody,” this custodial arrangement ensures that the children live a proportionate time with each parent to facilitate continued and healthy relations with both. The split may be 50/50 or unequal, depending on school, work schedules and residential arrangements.

 

Sole Physical Custody

 

According to laws on child custody in Daphne, AL, sole physical custody means the children live with only one parent. The other parent may have visitation rights. These laws are confusing, so it’s wise to enlist the help of a qualified family law attorney when drafting your child custody arrangement. The lawyer’s knowledge will prove invaluable.