Going through a divorce is a tough time
in life as it is, but when children and custody issues are involved it makes things
a lot more complex and difficult for both parents involved. There are many
intricate legal factors which a family court or judge will consider when
determining the terms of child custody, say Bethesda, MD divorce lawyers.
Divorce laws are vast and could also
vary considerably from one jurisdiction to the next. We therefore strongly
suggest that anybody going through a divorce consult with a divorce legal
professional to guide them through the complex legal issues so that they get
the best outcome possible in terms of child custody asset separation, alimony,
and so on.
In this article, we will take a look at
the different types of child custody that exist in the United
States.
Physical
Custody
When a parent is granted physical
custody of the child or the children, it basically means that that particular
parent has the right to have the child live with him or her. In some cases,
legal professionals from both sides may agree on joint physical custody wherein
the child will live with both parents (some days of the week with one and other
days with the other).
Obviously, joint physical custody works
much more simply if and when the two parents live in relatively close proximity
to one another. Maryland divorce attorneys point out that joint physical
custody in most cases is the best for the child as he or she gets to spend time
with both parents which allows for a more balanced upbringing.
Your marriage may have started out well.
You chose to have children, everything seemed to be in place. You thought you
were one of the lucky couples and you thought you two agreed on enough aspects
to keep the marriage alive and happy. Well, someone made a mistake. And this
mistake was hard to deal with which lead to other issues and more arguing. This
is the time when you need to click and call. You can do that right here at Divorce.USAttorneys.com.
Contact us if you have any issues. We
will help you find the legal help you need.
Legal
Custody
Legal custody of a child is basically
the right of the parent to make decisions about the minor child’s upbringing.
Essentially, the parent who has legal custody of the child will have the main
say when it comes to schooling, religious upbringing (becoming and remaining a
Catholic, for instance, being confirmed, and so on), medical care, etc.
Sometimes, both parents may be given
joint legal custody and so they will have to make decisions together. According
to Bethesda, MD divorce lawyers, if one parent excludes the other parent while
making a decision about the child’s upbringing even though they have joint
legal custody, then it is within the legal scope of the excluded parent to take
the matter to court and have the judge enforce the custody agreement.
Sole
Custody
As far as possible, family courts and
judges refrain from awarding sole custody to just one parent. However, in cases
where the a parent is deemed unfit of any custody at all (for example when the
parent is a drug addict, convicted felon, chronic alcoholic, etc.) then
awarding sole custody to the other parent is simply the way to go.
You can see this in the show Breaking
Bad. Walter White (Bryan Cranston) was not fit to be a father. He was
emotional, illogical, and selfish. He did not know when to stop. He made
millions of dollars but did not know when to put on the breaks. He dragged his
entire family down and was almost killed himself in his own home my twin
Mexican assassins. If they killed him then though, in hindsight, it would have
been much better for everyone.
He should not have been around two children,
he chose greed rather than proper parenting.
Most states are trying as much as
possible to move away from sole custody unless the circumstances (as mentioned
above) are exceptional – such as with the Walter White case. If
you are going through a divorce and have unresolved issues such as
child custody and alimony, it would be sagacious to call up a Maryland divorce
lawyer to protect your rights. Set an appointment today!
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