Child Custody
Child custody, the legal term for “who gets the children,” is granted to one parent or both parents following a divorce or separation. In more than 95 percent of child custody cases, the parents work out their own custody arrangements. However, in cases where parents cannot agree on who will raise the child, a court may intervene and make the decision for them. A judge awards child custody based on what he or she believes to be in the best interest of the child. A number of factors are taken into consideration in determining this. These include the health, lifestyle, and financial situation of each parent as well as the child’s age, gender, health, current living situation, and relationship with each parent. The court may also consider statements made by older children and teenagers regarding which parent they would prefer to have custody. In cases where one parent is not clearly favorable over another based on these criteria, a premium is placed on maintaining stability in the child’s lifestyle and routine.
Types of Child Custody
- Legal Custody - refers to decisions about the child’s lifestyle. Religious, medical, and educational decisions are made by the legal custodian or custodians. Legal custody can be granted to one parent or may be granted jointly to both parents.
- Physical Custody - refers to where the child lives. In some cases, one parent is granted sole physical custody but the other parent has visitation rights. In other cases, both parents are given joint physical custody, meaning that the child lives with each parent half of the time (or according to an agreed upon schedule).
- Sole Custody - One parent has both legal and physical custody of a child
- Joint Custody - Both parents share legal custody, physical custody, or both.
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