There are many different ways to split the parenting responsibilities of a child, and it is important to understand what each arrangement entails. In many cases, a court will create a parenting plan, which outlines the visitation schedule, as well as responsibilities regarding important decisions for the child. If the parents are unable to agree on a parenting plan, a judge will make a standard schedule for the children. These schedules typically include significant summer visitation, alternating weekends, and school breaks.
One parent has physical custody, which means they get to live with the child, while the other parent has visitation rights. If the child is physically or emotionally abused, the court may award custody to the primary caregiver. For older children, the courts will likely give custody to the parent who can foster continuity in religious life, education, neighborhood life, and neighborhood. However, this can be difficult when one parent has a criminal record and the other is not married.
Courts look at the best interests of the child in determining custody and visitation rights. In most cases, mothers receive primary custody, while fathers typically get visitation rights. Fortunately, equality has improved in the United States and less discrimination against fathers is commonplace. The court will consider whether a child is a biological or adopted child. The child custody process will be largely based on the best interests of the child, which means the child will not be discriminated against.
Sole custody is another custody arrangement. While it is rare, it is often awarded to a parent who is unfit, abusive, or drug-dependent. In contrast to sole physical custody, sole legal custody allows the parent to decide on the child’s schooling, religious instruction, and medical care without considering the wishes of the other parent. This type of custody can be particularly difficult and costly to implement if both parents are not in agreement.
In most states, the child has a right to legal custody. Legal custody means the parent has the legal authority to make important decisions regarding the child’s upbringing. Legal custody is shared by both parents, but sole custody is awarded in very rare cases. This right is referred to as physical custody and can be shared by both parents or solely held by one parent. This type of custody is most commonly granted to the mother of the child.
When a parent shares physical and legal custody, they share joint physical custody. Joint legal custody, on the other hand, requires both parents to share the responsibility for important decisions. In both situations, the parents should cooperate and communicate to avoid issues. Joint legal custody allows each parent to make important decisions for the children. This arrangement has the advantage of allowing each parent to spend some time with the children, but requires each parent to have visitation rights with the other parent.
Physical custody is an important aspect of child custody. Physical custody determines where the child will live. The parent with physical custody spends the most time with the child. Joint physical custody can also be ordered by the court. Joint physical custody involves both parents sharing substantial time with the child, though the two parents will not necessarily have equal amounts of time with the child. Joint physical custody is not always the best option, but it is an option for a child’s safety.
The child can speak to the judge about his or her preferences. The judge must determine that the child is of an age of discretion and has “understanding” of the importance of telling the truth. While teenagers’ preferences are often considered, judges are not required to order them. Most judges will prefer to have children observe the trial in chambers, wait outside the courtroom, or testify in chambers. The judge must consider the child’s preferences before making a decision.
If a parent moves out of state with the child, he or she must live there for six months before filing a new child custody case. If the child is moved from the state to another, the father must live in the new state for six months. In some cases, a parent can file an emergency jurisdiction or petition for custody in the new state. An attorney should be consulted in these cases. The child custody court must decide whether to award sole custody or joint custody.
