Custody of Minor Children in a Divorce
One of the major issues involved in the separation, most significantly for the those who have offsprings, is the custody of the minor children. The law has established different ways on how to process the custody of the children.
The relationship of married couples are full of ups and downs, and some unfixed problems might lead to divorce. Divorce does not come easily to all the separated couples. It involves a lot of complicated matters which includes the financial aspects, properties, and child custody. One of the major issues involved in the separation, most significantly for the those who have offsprings, is the custody of the minor children. The law has established different ways on how to process the custody of the children.
Here are the different types of child custody:
Sole Physical Custody – The child will be with one parent’s supervision if the custody is under the sole physical custody. The visitation rights of the other parent will be based on the approved plan of the chosen parent and the conclusion of the court. The residence of the child must be guaranteed during the process of separation.
Joint Physical Custody – Both parents have equal rights to be with the children. There will be a schedule for the visitation rights. The agreed arrangement of both parties should be strictly followed. The terms and conditions for this custody differ from each state. The parent may neglect the request of the other to spend time with the child. Children involved in a divorce with fewer issues have more possibility to benefit from this set up while separated couples that are not in real terms may cause conflicts on the lives of the children.
Sole Legal Custody – Legal custody refers to the duties and responsibilities of the parents to their children which include education, medical care and religious beliefs, welfare and other significant matters in the life of the child. With the sole legal custody, the major decisions will be made by one parent. The court will choose only one parent that has the capability to provide more care and support to the child. It might not be possible for the other parent to achieve legal rights if there will be a complaint against him or her.
Joint Legal Custody – In joint legal custody, the rights and obligations will be shared by both parents. It is not usual and natural for both sides to agree to the terms and conditions of each other but if possible, this would be the best choice for the children. The parents must at least try to work on their relationship and engage themselves to an efficient parenting plan. A will to settle their differences would be good for the sake of their children.
Child custody rights might be difficult to achieve. A consultation from professional divorce lawyers is highly advisable to prevent mistakes and failures along the process. You may encounter unfamiliar terms and procedures that are beyond common knowledge. Therefore, you must seek legal advice. Parents could have informal agreements in where they will be settling the divorce with their conditions and manage the legal papers through an attorney, or they may use an attorney as a representative in the court.