If you have been struggling with child custody rights, you probably have an idea of how complex the law procedure can get. Consulting a local child custody law firm can help you get a favorable verdict. In situations where the couple is splitting, planning a divorce, the custody of the child stands as a crucial decision. Both parents are expected to answer a dozen questions before arriving at a final decision.
Again, in case of the absence of a minor’s parents, the possibility of a close relative or a family friend getting local custody might be a possibility. To understand how to solve this situation, one needs to have a strong knowledge of child custody laws.
Understanding the Child Custody Law
Child custody is the legalized obligation and the right that the parents or in some cases, the guardian can behold. These rights include the decisions, the supervisions, the education, etc., all that the parent or the guardian can impose upon the child. The question of child custody might arise in situations like:
- A married couple with a minor child opts for legal separation.
- When the parents of a minor who is not married look for settlement of custody outside the court.
- When both the parents of a child are dead, and the custody of the child is to be issued.
- Sometimes the parents or the legal guardian of the minor is proven unfit for raising the child by the court or the state agency. According to the local child custody law, the custody of a minor can be given to a family member, a foster parent, or any other institution, if the biological parents prove to be not eligible to raise the child.
Categories of Child Custody Law
Child custody can be of two types:
- Legal
- Physical
In legal custody, the rights and responsibilities of a parent or parents are elaborated. Legal custody also provides the parent or guardian with the rights to make decisions on the child’s education, welfare medical cases, etc. In the case of joint legal custody, all the guardians shall mutually communicate and decide on the shared responsibilities.
While the physical custody belongs to a single parent or guardian, then all the decisions about the wellbeing of the child and the everyday responsibilities belong to them. On the other hand, in case of joint physical custody, the child shall live with both the legal parents and guardians and all decisions regarding the child shall be jointly taken. Joint custody also means that both have to endure the responsibility of the child. The time-division and other arrangements should be mutual decisions, or the court can intervene.
Getting help with the child custody case
One can gain knowledge over child custody rules through various sources, but it is advisable to consult a legal advisor since they have experience and expertise in the field. You can also find online forums where you can find a multitude of relevant questions answered. The custody of a child is very sensitive as well as a complicated issue. Before you go for the custody of a child, you should seek legal counselling. Service of a local child custody law firm can guide you on the do’s and don’ts that you should follow.