Going through a divorce is often a difficult period in life for both spouses, and the situation is even more volatile when children are involved. Every decision arrived at will have an effect on the children as well. Child custody related issues are one of the key issues that can have a significant effect on your children, and that's why these decisions ought to be taken with care and unselfish consideration. Your divorce lawyer can advise you on the different forms of child custody and what suits your children best. Read on for more insight.
This is one of the common forms of child custody. When the family court grants you the physical custody of your children, you automatically get the legal right to live with your children under the same roof.
Joint physical custody
Spouses, through their respective divorce lawyers, can also request the family court to grant them joint physical custody of the children. In this scenario, both parents can have physical custody of the children for a specific time period. Normally, joint custody is a preferred option where the spouses are neighbours and the children spend adequate time with both parents. This allows the children to develop a close relationship with both the father and mother.
Having the legal custody of your children means that you can single-handedly make all the key decisions concerning the health, education and upbringing of your children. When the court grants you legal custody of your kids, you will personally decide which school they will enroll in, which type of medical care they will receive, which religion they will belong to and so on.
Joint legal custody
Many states also grant joint legal custody to spouses who are separating. This means that both spouses will have an input when making key decisions concerning the nurturing of the children involved.
In order to be granted sole custody of the children after a divorce, you have to prove to the family court that the other parent is unfit to stay with or take care of the kids. For example, your divorce lawyer may prove to the court that the other party is abusing drugs and alcohol and is hence unfit to take care of the child. Additionally, if the other parent is unemployed and unable to make ends meet, they cannot be given the responsibility to take care of the kids. Because you are working and living in a good home environment, the court is likely to grant you sole custody.Share