Why Is It Important To Know About Child Custody Law?
If you are having a child custody dispute with your ex-spouse, it is in your own interests that you should familiarize yourself with the child custody law. This will give you a better understanding as to how the law works.
Child custody has two basic aspects to it. One is legal custody and the other is physical custody. Legal custody gives the parent the responsibility regarding the child’s health, education and welfare. The parent also has to make the appropriate decision for the child. If only one parent is given the legal custody of the child, then that parent has to make all the decisions and he / she does not have to consult the other parent while making the decision.
There can be situations where both parents have the legal custody of the child. In those circumstances, the decision on the child’s health, education and welfare has to be made by both parents jointly. Usually this sort of situation does not arise as the court knows that the parents may not agree with each other.
Physical custody allows the child to live with one parent. Sole physical custody is that when the child lives primarily with one parent and while the other parent has visitation rights or the child can visit the parent at his / her home.
Then there is joint custody where the child spends equal time with both the parents.
Physical custody is the most contentious issue as both parents end up fighting for the child. However, it is the court that decides after taking the child’s interests into consideration. There is no doubt that it is not practical for the child to spend equal time with both the parents. It can also cause psychological trauma to the child. That is why parents have to focus on the child’s interest rather than on each others shortcomings.
If you are going through a divorce, you should sit with your spouse and first work out the custody arrangements and everything associated with it. Once you have reached this arrangement with mutual consent, you can be sure the arrangement would have the best chance of working out rather than those enforced by the court when there is a legal battle for the child.
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