Custody Rights

Know your Child Custody Rights

 

Child Custody Arrangements

Overview Child Custody Arrangements

During the starting phase of child custody arrangement we need to consider different alternatives regarding different types of possible custody arrangements. For example, both of the parents might want to work out an arrangement under which you both make decisions on the child's upbringing and wellbeing. This type of arrangement is called "joint legal custody" in most states. Or, you may sense that your counterpart is currently unfit or incapable of any parental responsibility, in that case you may wish to have sole custody of your child.

Custody Types

1. Legal Custody grants a guardian the right to make long-standing decisions about the future of a child, and key aspects of the child's wellbeing - including education, medical care, dental care, and religious instruction. In most of the cases, joint legal custody is awarded to both parents except it is revealed that one of them is unfit, or is unable of making right decisions about the child's upbringing. Legal custody is different from physical custody, which involves issues such as where the child will live.

2. Physical Custody of a child gives the right to grant everyday care for the child. When a physical custody is granted to a parent then he dictates about the living location of the child. Recent custody provisions give physical custody to custodial parent and grant visitation rights and shared legal custody to the non-custodial parent. Usually, visitation rights offer the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during the vacations.

3. Sole custody of a child has exclusive physical and legal custody rights regarding the child. Sole guardianship arrangements are very rare, and are generally restricted to situations where one parent has been deemed in poor condition or unable of having any form of responsibility over a child -- for example, due to drug addiction or proof of child ill-treatment. In sole custody situations, the child's non-custodial parent has neither physical nor legal custody rights, but may be entitled to periods of visitation with the child.

4. Joint custody has two phases: joint legal custody and joint physical custody. A joint custody order can have one or both parts. Joint legal custody refers to both parents sharing in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions. Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives such as: alternate two-day periods; equal division of the week; alternate weeks; alternate months; and alternate six month periods. Sometimes neither parent can correctly assume custody of the children. Possibly because of substance abuse, a mental health problem, and absence or incarceration. In these situations, someone other than the parents may be granted custody of the children or given a temporary guardianship or foster care arrangement by a court

The author is an SEO cum Technical writer associated with Naperville Divorce Attorney



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