Divorce is always a hard situation for not only husbands and wives, but for the children as well. Child custody describes the relationship between parent and child. Parents who obtain custody reserve the right to make decisions involving his or her child and the duty of caring for the child. In most jurisdictions in the United States the court’s ruling favors the best interest of the child. Child custody laws differ from state to state. Courts often consider the wishes of the child accordingly in consideration of age and gender and generally keep all siblings together. Children’s rights are upheld in the court system in all fifty states. These rights include the right to a continuing relationship with each parent and the right to freely express their feelings toward each parent.

Where to begin?

Start with a honest, non-biased conversation regarding the best interests of the child and traditional influences bestowed by each parent. Each parent must be open minded and acknowledge one another’s contributions in raising the child or children. Try to create a positive atmosphere in order to make this a smooth transition. Remember, this conversation is not about you, it is about your child(ren).

What are the different types of custody?

Temporary Custody-Usually temporary custody is at the discretion of the parents. Generally divorce counseling is a good idea to guarantee that the child is not used as a manipulative factor or in any other inappropriate way.

Legal Custody- Sole Legal Custody means only one parent is responsible for the child’s legal rights regarding welfare, education, health care, and religion.

Joint Legal Custody means both parents reserve the right to make legal decisions. The most common form of Joint Custody allocates primary custody with one parent according to residency.

Physical Custody- defines the child(ren)’s residency. Sole Physical Custody involves the child(ren) live with one parent and the other is entitled to visitations. Joint Physical Custody is when the child(ren) live with each parents for a certain amount of time over the course of each year. This agreement doesn’t have to be split evenly but should have some consistency. Joint physical custody is rarely considered best for the child.

It is recommended to have periodic evaluations of the custodial situations in the case of a change in custody agreement.

You are entitled to receive fast and effective solutions that can help restore your peace of mind. You need a knowledgeable, determined and compassionate child custody lawyer who will explain your legal rights in easy-to-understand terms.

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