In many cases, a child`s parents can agree on custody of the child. Too often, however, parents fail to agree on this sensitive issue and judicial intervention is required. Custody includes both physical custody and legal custody. In deciding which parent should have legal or physical custody of a child, a court will consider many factors, but ultimately make its decision based on what is in the best interests of the child. Courts determine primary physical custody based on several factors that vary from state to state, but most jurisdictions place great importance on who was the primary caregiver of the child during the marriage. If you`re considering divorce and aren`t sure about your legal custody rights, contact an experienced Indiana family law attorney today. Chris Arrington will work with you to resolve issues with your spouse and make sure you don`t waste precious time with your children unnecessarily. In general, courts are reluctant to separate the parent-child relationship and will ensure that both parents can make decisions about the child`s upbringing, health and religion, allow each parent to spend time with the child, and grant a joint legal and physical custody agreement. Regardless of the division of legal and physical custody ordered by a court, in practice there is some overlap between the two.
For example, the parent with whom the child is at any given time has the right to make decisions about the child while the child is in the child`s care. If a child needs medical treatment during a parent`s custody period, the parent is unlikely to violate a custody order for treatment, even if that parent does not have legal custody of the child. CUSTODY: Custody determines who makes important decisions for children. If sole custody is transferred, only one parent is allowed to make these decisions. However, when joint custody is transferred, both parties are involved in important legal decisions for the child, such as: where they go to school, what religion they belong to, whether and what extracurricular activities the child will participate in, and important medical decisions. The current legal situation does not depend on the time the child spends with each of his parents. Regardless of physical custody, parents can share joint custody of the child. Physical custody refers to the parent with whom the child lives. If the child lives full-time with a parent, that parent has sole custody. If the child divides his or her time between the homes of two parents, the parents have joint custody.
The parent with whom the child lives can make the day-to-day decisions: Can I participate in the school trip? Can Katie come? What`s for lunch today? Physical custody reflects where the child will live after divorce. Parents can have joint custody and a timeshare of 20/80, 30/70 or 40/60 or 50/50. An example of a 50/50 timeshare would be weekly child care, where children live in one parent`s home one week and in the other parent`s home the following week. If you are having trouble determining which type of custody agreement is best for your child, you may want to consider the opinion of a custody assessor. Custody assessors are therapists or psychologists with special training in custody. Regardless of a court`s decision on physical and legal custody of a child, it is important to remember that custody orders are not permanent and can be changed based on an agreement or an application for a change of court. As circumstances, needs and resources change over time, what works best for a child and their parents when the child is young may not be beneficial to the child as they grow. Therefore, it is advisable to regularly review any order that affects your rights or obligations regarding custody of your child. PHYSICAL RIGHTS: Physical custody determines where children live and what their living conditions are. Custody can be single or joint. Sole physical custody means that physical custody is given to only one parent. The child will live primarily with this parent, and this parent will provide most of the child`s day-to-day care.
Joint physical custody means that the parents share custody. Typically, one parent is designated as the primary physical guardian and the other parent receives secondary physical custody. If you have sole custody and joint custody, it means that your child lives with you. You can make day-to-day decisions about school, extracurricular activities, and friends, but you can`t move to another state or change churches without your ex`s consent. There are different types of custody: custody can be divided or given to only one parent. In the case of divorced parents, in the absence of legitimate reasons why custody should not be shared, the court will likely grant joint custody and give both parents the opportunity, right and responsibility to make decisions in the best interests of the child. However, if the parents prove that they are unable to make consensual decisions in favour of a child, the court may award sole custody to the parent who has consistently and correctly assumed responsibility for decisions concerning the child. This does not mean that the other parent cannot be informed of the child`s medical, religious or educational developments. In this case, the court may grant the parent, without custody, access to the child`s medical and school records if it deems it appropriate. Shared custody, on the other hand, is a child who “has periods of residence and supervision of each parent; provided, however, that custody is shared between the parents in such a way that the child ensures frequent and sustained contact with both parents. In such an agreement, parents tend to have a schedule that allows the child to spend time with them as evenly as possible. This could mean weekly rest or a split weekday schedule.
As a rule, parents are granted joint custody, which means that parents must be involved in the decision-making process concerning children and that parents have equal rights to the child`s medical and educational records. Even for couples like Brad and Angelina, custody orders should be specific enough to be followed without question, but flexible enough to last a long time. Custody gives the parent the opportunity to make decisions for the child. A parent with legal custody of a child has the right to make decisions regarding medical care, schooling and upbringing of the child, and religious education. Joint custody is typically granted in some states, such as California, Texas, and Utah. If joint custody is not granted, it may be for one or more of the following reasons: Angelina applied for joint custody. That meant she wanted to share custody with Brad. Parents do not have to agree in joint custody situations; Everyone retains the right to make decisions for children.
Physical custody is a parent`s right to allow the child to live with them. Custody may be awarded to only one parent. However, it is rare for a parent to have sole custody of a child unless the court deems the co-parent inappropriate. Parents can also share custody equally, or the child can live with a parent most of the time. If the child lives more often with one of the parents than with one of his parents, the domicile of the parent with whom the child stays more frequently is generally considered to be the child`s principal residence. The term “custody” is used to describe parents` rights and obligations regarding custody of their children. Custody issues often arise in situations where unmarried people have children or married parents are divorcing. If you are in a custody dispute, it is important to seek qualified legal help immediately. If Angelina had applied for joint custody instead of sole custody, she would have wanted Brad to share the right to physically care for the children. If you want more information, Hello Divorce offers a wealth of informative articles on custody situations. Examples of joint custody include: In addition to physical custody of a child, the courts must determine which parent should be given custody of a child.