Child Custody Lawyer: 3 Child Custody Types That Could Apply In Your Situation

Law Blog

There are a lot of things to discuss and argue about when divorcing. For instance, you may want to know what each of you will get, the amount of spousal support you get, and what happens to your marital home. But if you have children together, the discussion could take a different direction. Here, each of you feels they should get custody of the kids and spend as much time with them as possible. Unfortunately, winning child custody is never easy. You need to prove that you have your kid's interests at heart and that they are safer with you. Spouses who don't hire a child custody lawyer don't win the case because they don't understand the legal aspect of the process. Here are three child custody types that could apply to your situation. 

Physical Custody

This type of custody is quite popular, and most parents or spouses are familiar with it. It focuses more on who physically lives with the kid. Here, the parent who wins custody spends more time or lives with the kid. But although the other parent doesn't live with the kid, they are allowed to visit them whenever they want. In the past, mothers had a higher chance of winning physical custody. However, things have changed because even fathers are now granted physical custody. They only need to prove they can physically take care of their child.

Joint Custody

Here, both parents share custody rights and jointly share responsibilities. They make child-related decisions together because each wants the best for them. Actually, each can spend the same amount of time with their kid. This type of custody makes each parent feel obliged to do the best they can for their child because they have equal rights. In some cases, they could also share physical or legal custody. However, the judge will consider several things before they allow it.

Legal Custody

This type of custody differs from the others in that only the legal custodial parent is allowed to decide everything for their child. Here, the parent can make all legal decisions concerning their child or determine what happens to them. For instance, the legal custodial parent makes all their child's health-related decisions. They decide which hospital they go to for medication, which specialist to see, and which health insurance policy is best for them. The parent also decides which school their child attends and the religion they introduce them to.

Contact a local custody lawyer to learn more. 


26 September 2022

How to Gain Guardianship Over a Child

The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.