Child custody concerns are extremely important during a divorce. Some parents are able to negotiate directly and reach an acceptable agreement, while others must go via mediation (a negotiation between divorce lawyers) or wait for a court ruling to resolve custody concerns. Get the facts about after divorce child custody tips see this.
Custody Arrangements
Legal and physical custody are the two categories of custody. Physical and legal custody may be shared or solely between parents. Each form of custody is addressed individually in child custody agreements and court rulings.
Legal grants the parent the authority to make legal decisions in the life of their kid. Medical care, religion, and education are common topics for these decisions.
Physical provides the guardian responsibility for the child’s care on a day-to-day basis.
Even if the parents shared legal custody of the child, courts were more likely to award primary physical custody to the mother in the past. Over the last 20 years, however, fathers’ rights have made significant progress. Courts are increasingly favouring shared legal and physical custody arrangements in which both parents participate actively in the child’s upbringing.
The court’s principal concern is the child’s best interests. In most cases, the court does not take parental preferences into account while making a decision. In general, the court believes that having frequent and regular contact with both parents, as well as both parents being involved in the child’s upbringing, is in the child’s best interests. As a result, joint custody is chosen over sole custody.
When joint physical custody is not practicable due to distance between parents or other factors, one adult may be given exclusive physical custody while the parents share legal custody. In these cases, the non-custodial parent is frequently granted significant visitation with the child in order to foster a continuing bond, and both parents share responsibility for making major life decisions for the child.
One spouse may be granted sole physical and legal custody of a child if there is a risk of child endangerment. However, supervised visitation with the child may be granted to the non-custodial parent.