Child Custody
Posted on: January 27, 2010Child Custody
For those uninitiated, child custody is one issue they would rather not delve into. However, since divorce naturally brings with it the thorny problem of child custody and other attendant problems, people are now curious about certain aspects of it.
The following are some common questions asked by people who are not quite in the know. The answers are collated responses from some child custody lawyers.
Child custody laws are not the same in all the states in the U.S. The following answers are mostly in general terms inasmuch as they apply and/or recognized by the courts all over the country.
What is custody?
"Custody" means who is responsible for the children in cases when their parents do not live together. This applies to couples who are separated, divorced, or never married.
How is physical custody different from legal custody?
Physical custody means the child would spend time living with that parent on a regular basis. If it is a "joint physical custody", the child shuttles between each parent's homes.
If a parent has "sole legal custody", that parent has the right to make decisions on the child's health, education, and overall welfare (doctor, schools, etc). In "joint legal custody" both parents share the decisions.
How is a decision made?
The judge usually approves a custody plan agreed on by the parents. If they cannot, they will have to speak with a mediator or counselor to work out a plan. The judge will decide on any disputed issue both parties are unable to resolve.
Can a child still see a parent not awarded physical custody?
The court will order that the other parent is given generous visitation with the child. However, this might be restricted in cases of domestic violence, or the parent's inability to care for the child.
More about Child Custody, Click Here!
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