Without a doubt, divorce is a difficult
and stressful time for anyone going through it. Apart from the actual dissolution
of the marriage, a divorce essentially means that the couple will also have to
deal with other issues such as asset division, alimony,
spousal support, mortgage payments, debt, and most importantly – child custody.
According to Denver, CO divorce lawyers,
when a short term marriage ends, it is much easier on the couple since they may
not have acquired joint property or taken out loans together or have any
children yet. In such cases, the divorce process is much quicker.
However, when a couple that has been
married for many years decide to go their separate ways and they have children,
it could potentially present a tougher legal challenge. Child custody is one of
the most pressing matters in such cases in which the children’s well-being is
priority. For the most part, there are different types of child custody.
Physical
custody
Physical custody, as the name suggests,
is when a parent is given the right to physically have the child present with
him or her. Some family courts pass a joint physical custody verdict where one
spouse may be given custody for a specific period of time and the other spouse
for the remainder.
Colorado divorce attorneys explain that
joint physical custody is a viable option especially when the parents live in
proximity to each other. However, if the parents live in separate states then
needless to say, joint physical custody would be difficult to achieve.
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Legal
custody
Legal custody refers to legal parenting
rights that a parent has over a child. There are many decisions that parents
need to make during the upbringing of a child. When the parents are together
decision making is usually not an issue. However, when they are no longer a
couple, the parent that wins legal custody over the child will be the parent
who gets to decide what is best for the child.
Denver, CO divorce lawyers explain that
legal custody is usually given to the parent that demonstrates the potential to
be a better decision maker.
Now if you want to see a stellar
decision you should watch the movie Transformers 3: Dark of the Moon with Rosie
Huntington-Whiteley who plays Carly. Now Carly could have just sat back and hid
in the final action scene but the director Michael Bay had her do something
very strategic and salient. Carly found Megatron pouting in an ally because
despite the Decepticons winning at that point Megatron knew that we was no
match for Sentinel as was illustrated about 15 minutes before (probably around
3 hours in the actual movie).
Carly played a psychological game with
Megatron which enticed Megatron to fight Sentinel which happened to just save
Optimus Prime’s life. Good job Carly!
Sole
custody
Sole custody as the name suggests is
when the judge awards all custodial rights to only one person. Therefore, only
one parent may get sole physical custody or sole legal custody or both. This is
especially true when the other parent (the one that does not receive any sort
of custody at all) is seen as being unfit. Parents who are known drug/alcohol
abusers, or have criminal convictions or mental issues are usually not given
any type of custody over the child.
Joint
custody
Joint custody is one of the more common
verdicts in divorces. When both parents bring something to the table in terms
of caring for the child, providing for the child, and other related issues,
then both of them are asked to share legal or physical custody of the child.
If you need
help with child custody and available options in your particular
case, all you need is to reach out to a Colorado divorce lawyer. This is the
best way to protect your rights and the best interests of the children involved
as well.
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