What is child custody?
Child custody is a legal term which is used
to determine and describe the legal bundle of rights and the practical relationship between parent and his child. It determines the parent rights and his duty. Child custody includes numerous concepts that try to provide understanding of the respective parents rights and obligations.
Legal custody provides parents with the right to make decisions regarding health and education issues for his child. Physical custody determines which parent has the actual right to live with the child.
Shared custody is a legal term that allows both parents to have equall rights to both psychical and legal custody of the child. It is typically found in cases where both parents can dissolve personal differences for sake of rasing a child in a natural environment.
When both parents are participating in decisions regarding health, education and welfare it is Joint Legal Custody and it is one of the most common child custody forms.
The Martial status has no bearing what so ever in child custody and visitation, and the judge will rule on what he or she believes to be best for the child interests.
In some states a child that is old enough can have an impact upon the determination of custody and visitation by stating they wish to stay with one parent or the other. It will still be the judges decision and the child will not have the final say, but usually judges will listen closely to the child’s wishes.
Custody rights can be changed if there is a change in circumstances, because we live in a mobile society. It is recommended that you periodically evaluate your parenting plan. There are no juries in custody cases, only judges and they make the final decisions.
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