Generally, when two parents want to separate or have already separated, they hire child custody lawyers to help them negotiate a legal settlement regarding the custody of their child. Who the child will stay with after the divorce and how all the decisions will be made regarding the child’s well-being and future is discussed and decided legally, and is binding in court. These child custody lawyers generally help the two partners arrive at the best possible solution for them and can look into various kinds of child custody cases ranging from sole custody to joint custody, legal custody, and physical custody. The various kinds are explained below in more detail.
Kinds of Cases Child Custody Lawyers Take
Most child custody lawyers and judges, in fact, try to negotiate a joint custody case between the parents so that the child gets to spend time with both. Unless the other parent is deemed harmful or has a serious history of abuse, joint custody is better for both the children and the parent’s mental and physical well-being. Remember when choosing a child custody lawyer, always keep in mind what you are striving for whether joint or sole custody and see if the lawyer is well-equipped to handle it.
Joint and Sole Custody
Sole custody of the child is when only one parent gets to keep the child and take care of his or her needs, thus becoming the custodial parent. The other parent only has visitation rights that are decided either in mutual agreement with the other parent or via a judicial decision. Joint custody is when both parents agree to look after the child together by either splitting weeks, months or years and try to be equally involved in both decisions. Joint custody helps the child better deal with the separation and also gives her or him time to spend with both equally so there is no resentment.
Legal and Physical Custody
Legal custody is when a parent has all the rights to make decisions regarding the child, like his religious upbringing, his school, his doctor, his place of residence, and so on. All legal matters regarding the child until he or she turns 18 will rest with the parent who has sole legal custody. If a joint legal settlement has been made, then both parents will be involved in these legal decisions regarding the child. Physical custody is when the child custody lawyer will grant the parent the right to physically look after the child in his or her residence. The child stays with the parent if that parent has sole physical custody. But if the parents have joint physical custody, then the child will have to live with each parent in turns. In some cases, the child stays at a particular home and the parents keep rotating, called nesting.
Child custody lawyers are generally trained in all these kinds of cases and can help you and your partner in achieving the settlement you desire.