Divorce and Children Custody
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Highlights of Divorce and Children Custody
Factors impacting Divorce and Children Custody
Cent percent courts aim at "the best interests of the child" while making a custody arrangement. The court generally takes the following factors into consideration.
Depending on the unique circumstances in each divorce case, some other factors may also play a role.
Variations in Child Custody
The obligation and right to finalize decisions regarding the upbringing of a child constitutes Legal Custody. For example, such a parent is free to make decisions regarding the medical care, religion, schooling etc of the child.
If a parent is given the right that his or her child would reside with him or her, it can be said that this parent has the Physical custody of the child.
Sole Physical Custody implies that the child lives primarily with one parent and the other parent has been offered visitation rights. This type is usually arranged when one of the parents is considered unfit for custody due to child neglect, child abuse, drug dependency, alcohol dependency etc
In most of the states, Sole Legal Custody is not preferred. The parent has to convince the judge that joint legal custody is not in the best interests of the child in order to get sole legal custody.
Joint Physical Custody indicates that the child spends a considerable section of his or her time along with each parent.
Joint Legal Custody means that both the parents are involved in making decisions regarding the child. In such a case, if parent 1 excludes parent 2 from the decision-making procedure, parent 2 can approach the court and request the judge to enforce the child custody order.
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