Who gets legal custody of a child? This is a question many couples ask when they first decide to divorce. Sometimes, the parents are not clear on who gets legal custody. Sole legal custody can be best for cases where one parent is unable or unavailable to make important decisions on a short term basis.
Legal and Physical Custody
Legal custody and physical custody are terms that are used interchangeably. However, they are slightly different. In certain circumstances, sole legal custody can be awarded to one parent. For example, if a parent has been abusive, neglected, mentally unfit, irresponsible of the child, has exhibited extreme disrespect towards the child or the other parent, or if one parent has separated from the other parent and there have been repeated incidents of spousal abuse or child abuse.
When sole legal custody is granted to one parent, that parent can make all decisions about the child and where the child will live. The other parent must allow the other parent to have frequent access to the child and meet the child’s needs. The decision must be made by both parents. In some cases, the child will stay with one parent; in others, the child will be with the other parent. Still, speaking with a professional before making any decision is recommended, whether it’s single or joint custody lawyers that you ought to consult with.
Sole Legal Custody
In situations that do not involve abuse or neglect, sole legal custody grants the right for the child to live with one parent. Without legal custody, the child has to go through the juvenile system. Custody decisions can include but are not limited to: sending the child to live with relatives, to a public or private school, and if possible, to another state or country.
Joint Decisions
In some cases, both parents decide to make major decisions regarding the child and they also decide to share decision making. In these situations, the parents share the decision making about the child’s education. If one parent educates the child and the other parent does not, then sole legal custody would give the right for one parent to have educational control. If the child is enrolled in a daycare service, then sole legal custody would be appropriate. If one parent has a high school diploma or a college degree, then joint legal custody would be a good choice.
Amicable Separation
In many cases, when parents come to an agreement about the parenting arrangement, they may also decide to work out an amicable separation. In some cases, the parents decide to separate physically because they don’t want to spend time with the child on a regular basis or because they live in different areas.
Joint physical child custody can be very beneficial to all parties involved. The best thing about joint custody is that it is a win-win situation for everybody. The parents get to keep and maintain their children, the non-custodial parent gets to spend time with the child, the custodial parent receives the benefit of having more time with the child and the non-custodial parent gets to pay less money per month in child support. This is in most cases cheaper than the alternative of sole custody.
Getting Ready for Court
Once the parents have reached an agreement on the major issues, they will need to go before the court. In court, the parents will be able to explain their side of the story and the reasons behind the agreement. Click Here for more information about the process.
