Separation of partners is itself a very upheaval experience, and with that, if the partners have a child, then the custody of him/her adds more stress. Giving the custody of a child to a mother or father is not only difficult for parents but also more traumatizing for children. Legal terms like custody and visitation are used by the court when they decide how the child will be spending his/her whole time.
In any country, the decision is not taken in favor of a mother or father. The court analyzes the relationship of parents with the child. There is even an option where grandparents can take custody of the child; in favor of the natural parents, there is a “presumption.” This indicates that the court will certainly decide in favor of natural parents. It is suggested that if you are going through a divorce, make sure that your lawyer knows the child custody norms and laws.
Let’s have a look at the types of child custody
Temporary custody refers to who is currently having custody of the child. This is not court-ordered custody, it depends on the child’s best interest, and one person holds the custody till the time the filing and other process is being done to formalize the custody.
2. Sole Custody
Sole custody is generated from physical and legal custody. A person who holds the child’s legal custody can prepare long plans for the child, like religious training, education, non-emergency medical care, and further significant decisions related to the child’s welfare. Whereas the person who holds the physical custody can decide on a child’s everyday needs, the child will be primarily living with them.
3. Split Custody
Split custody is the easiest one when there are two children, and each parent will hold the full physical custody of one child. Some of the factors considered in this while taking the decision are child preference and age of the children. Some jurisdictions also prefer to give joint custody instead of split – For example, child custody lawyers in Texas , wish to fight for their client but texas courts generally prefer joint custody for children, so that they can maintain a good relationship with both the parents.
4. Joint Custody
Joint custody is detailed custody and is broken down into three categories, and the child custody lawyers know these terms and legality. Below-mentioned is the 3 categories :
- Shared physical custody – where the child has 2 addresses and 35% of the time with the other parent.
- Joint legal custody – where the child has only one primary address, but the care and control of the child’s upbringing are shared among parents.
- Combination custody – where the parents can make their special joint custody agreement with the combination of Joint Legal Custody and Shared Physical Custody. Let’s clear this point with an example – the child will have one residence, but the parents can live with the child at that residence on a rotational basis.
At the Joint Custody agreement, the court will look very closely. If they find that the parents are always fighting over the school, religion, and the child’s primary welfare care, they will definitely strike down the agreement. Besides, the seriousness and sincerity of the partners are essential towards custody.
Separation is a powerful word, and when your child needs to compromise, living with both the parents together is the worst situation. When it comes to the custody of the child the laws are simple, and you must have got the ideas of what all you need to discuss with your lawyer. It’s a hard step to take, and not only the partners but the children also bear the pain of separation. Be strong and take the right step ahead.
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