Friday, December 11, 2015

What are the different types of child custody?

Divorce is a really 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 assignments and most importantly – child custody.

When a short term marriage ends, it is a much easier affair as the couple may not have joint property, or may not have taken up loans together and have any children yet – in such cases, divorce is usually a quick process which makes the job of Savannah, GA divorce lawyer that much easier.

However when a couple that has been married for many years decide to go their separate ways, it could potentially present a real legal challenge. Child custody is one of the most pressing matters in such cases and the well-being of the children is priority. There are different types of child custody.

There is also different types of lawyers. You need a divorce lawyer. Unfortunately you are in an enviable position and as they say, your marriage has reached rock bottom. Click right here to find necessary legal help.


Physical Custody

For the most part, physical custody is when a parent is given the right to physically have the child present with him or her. Some family courts pass joint physical custody verdicts where one spouse may be given custody for a certain period of time and the other spouse for the remainder.

As per Georgia divorce attorneys, 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 a very difficult thing to achieve.

Legal Custody

Legal custody refers to the legal parenting rights that a parent has over a child. There are many decisions that parents will be faced with during the upbringing of a child. When the parents are together, they will make these decisions together, but when they are no longer a couple, the parent that wins legal custody over the child will be the parent that gets to decide what is best for the child.

Savannah, GA divorce lawyers say that legal custody is usually given to the parent that demonstrates the potential to be a better decision maker.

But how is this conveyed to the court? You may be the best parent in the world putting the Cleavers and the Brady Bunch parents to shame but so what? If you do not have a sufficient legal or family law communicator to convey this information to the judge, to the court, you will still not get to see your children as much as you deserve to. Go this site to find the legal help you need: https://usattorneys.com/.

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 (see what happened to Britney Spears). Parents that are known drug/alcohol abusers, or have criminal convictions or mental issues are usually not given any type of custody over the child. Should they be? 

Have you seen Breaking Bad in that episode with the two terrible meth parents who were raising their child in a horrendous atmosphere? Well both parents were neglectful; that child would end up in the system. 

Joint Custody

Joint custody is one of the more popular verdicts during divorces and this is where Georgia divorce lawyers earn their keep. 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. There are advantages and disadvantages to joint custody which we will focus on in the near future. 

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