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Types of child custody
There are several different types of child
custody arrangements. Depending on your
situation, one or more may be appropriate for
your family. The type of custody arrangement
you make will depend largely on your
relationship with the child's other parent.
Often the final arrangement will be based on a
compromise between the two parents. A family
law attorney can further explain these
arrangements to you, and how they would work in
your particular situation.
* Physical custody vs. legal custody:
Physical custody determines who the child lives
with. Legal custody determines who is allowed
to make the decisions that affect the
child.
* Joint custody: This is when both
parents have equal rights to make decisions for
the child and both parents are entitled to
equal living time with the child. Both parents
also have equal responsibility for the welfare
of the child.
* Sole custody: When the child lives
with only one parent, and that parent has sole
decision-making authority.
* Temporary custody: When a court grants
custody temporarily, until a parenting plan is
finalized.
* Non-parental custody: When custody is
granted to a party who is not one of the
parents of the child.
Custodial vs. non-custodial parents
The custodial parent is the parent with whom
the child lives. The non-custodial parent does
not have custody, but is allowed to spend time
with the child and/or take part in decisions
that affect the child's life. Usually a
parenting plan is formalized that spells out
each parent's role and visitation rights.
When parents agree on child custody
If both parents can agree on a custody and
visitation plan without help from the court,
that plan will be put into effect. While the
court may not be involved in creating this type
of parenting plan, it is important to file any
agreement made between parents with the court
to make it official and enforceable. An
attorney can guide you through the necessary
paperwork.
When parents disagree on child custody
If parents are unable to agree on who will have
custody of their children, the court may order
the parents into mediation. An impartial
mediator (usually an attorney or social worker)
will work with the parents to come to some form
of agreement. When an agreement is reached, it
will be filed with the court for
enforcement.
If mediation fails, the parents may go to court
for a custody hearing. During the course of the
hearing, evidence will be presented and expert
witnesses (such as social workers or
psychologists) will be called to testify on
behalf of the parents and/or children.
Ultimately, the court will make the decision
that the parents were unable to make
themselves, and the court's decision will
become legally binding. Clearly, if you are
facing a child custody hearing, it is important
to be represented by an experienced family law
attorney. Please fill out the "Legal Help
Request Form" above to get the legal help that
you need. Our service is completely
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