Understanding the Legalities and Parental Rights for Child Custody

We are living in a changed society where norms, family cultures, and living habits are different from the past. Studies show that 54% of children 18 and younger live a difficult life. The reason is the divorce, separation, and remarriage.

Why do children suffer? The separation is the main reason. In this situation, child custody laws are implemented with the help of courts. This guide is specifically written to understand child custody, its types, and legal considerations. So, let us start!

What is Child Custody?

Child custody means the decision rights about the children to any of the parents after the separation. It has two types, and we will briefly explain both types here:

Physical Custody

It means the physical control and custody of children after court orders. This custody confirms which of the parents will take the children to his home and where the children will spend their time.

Legal Custody

This custody means the legal authority of one of the parents. It means one of the parents will decide all critical matters, including admission to schools, acceptance of any specific religion, medical treatment, and others.

The Process to Determine Child Custody

The involvement of the judicial system makes this process a bit tricky, long, and full of hassle. Both parents have different points of view, and they need to explain to the courts. However, they cannot fight for their rights properly without legal help. In this situation, hiring a child custody lawyer becomes necessary. 

Still, the parents need to learn some of their rights in case of separation. The following lines are specifically written for them.

Parenting Plan

The most sophisticated and ideal process to handle child custody is that the parents should work together and choose the most suitable option. In these negotiations, they can decide on physical and legal custody. Moreover, they can also arrange custody arrangements according to their requirements.

Mediation

It is the second most appreciated way to finalize children’s custody. It suits the most if parents cannot decide but agree on mediation. They can choose the mediation team by themselves or attend court-ordered mediation. Generally, a trained professional can work better to resolve the issue without involving a court.

Custody Evaluations

It becomes necessary when parents do not agree on any specific decision. In this situation, the involvement of a trained mental health professional becomes essential. These professionals arrange a discussion with children and co-parents and give their recommendations to the court. The court examines the report and decides accordingly.

Types of Custody Arrangements

Before moving further, it is essential to remember that child custody is similar to property possession. Therefore, you hire a lawyer to deal with this issue as you hire an estate planning attorney to decide the property. Only this way you can reach the decision.

Overall, there are three types of custody arrangements, which are:

  • Joint Custody
  • Primary Custody with Visitation Rights
  • Sole Custody

It is up to the court which order they pass, and you must accept the decision. Also, remember that you can agree on any of the above-described agreements without involving the courts. We have mentioned those options as well. Now, it is up to you, which option you choose and decide accordingly.

We are living in a changed society where norms, family cultures, and living habits are different from the past. Studies show that 54% of children 18 and younger live a difficult life. The reason is the divorce, separation, and remarriage.

Why do children suffer? The separation is the main reason. In this situation, child custody laws are implemented with the help of courts. This guide is specifically written to understand child custody, its types, and legal considerations. So, let us start!

What is Child Custody?

Child custody means the decision rights about the children to any of the parents after the separation. It has two types, and we will briefly explain both types here:

Physical Custody

It means the physical control and custody of children after court orders. This custody confirms which of the parents will take the children to his home and where the children will spend their time.

Legal Custody

This custody means the legal authority of one of the parents. It means one of the parents will decide all critical matters, including admission to schools, acceptance of any specific religion, medical treatment, and others.

The Process to Determine Child Custody

The involvement of the judicial system makes this process a bit tricky, long, and full of hassle. Both parents have different points of view, and they need to explain to the courts. However, they cannot fight for their rights properly without legal help. In this situation, hiring a child custody lawyer becomes necessary. 

Still, the parents need to learn some of their rights in case of separation. The following lines are specifically written for them.

Parenting Plan

The most sophisticated and ideal process to handle child custody is that the parents should work together and choose the most suitable option. In these negotiations, they can decide on physical and legal custody. Moreover, they can also arrange custody arrangements according to their requirements.

Mediation

It is the second most appreciated way to finalize children’s custody. It suits the most if parents cannot decide but agree on mediation. They can choose the mediation team by themselves or attend court-ordered mediation. Generally, a trained professional can work better to resolve the issue without involving a court.

Custody Evaluations

It becomes necessary when parents do not agree on any specific decision. In this situation, the involvement of a trained mental health professional becomes essential. These professionals arrange a discussion with children and co-parents and give their recommendations to the court. The court examines the report and decides accordingly.

Types of Custody Arrangements

Before moving further, it is essential to remember that child custody is similar to property possession. Therefore, you hire a lawyer to deal with this issue as you hire an estate planning attorney to decide the property. Only this way you can reach the decision.

Overall, there are three types of custody arrangements, which are:

  • Joint Custody
  • Primary Custody with Visitation Rights
  • Sole Custody

It is up to the court which order they pass, and you must accept the decision. Also, remember that you can agree on any of the above-described agreements without involving the courts. We have mentioned those options as well. Now, it is up to you, which option you choose and decide accordingly.

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