Or, the judge can give authority to one parent for some issues and the other parent for other issues. In a joint physical custody arrangement, both parents get to spend time with the child. The alternative is sole physical custody, which involves the child being with one parent almost all the time while the other parent gets very little time. When one parent has sole custody, the other parent may have to make child support payments. Because joint physical custody requires a lot of travel and communication from both parents, this type of custody works best when both parents live and work in the same area.
Legal custody and physical custody are separate issues, so both parents can share physical custody while only one parent has legal custody. If one parent has sole legal custody of the child, then that parent will make final decisions about education, healthcare, and activities outside of school.
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If you need to contact us, please do not hesitate; we are happy to speak with you about your situation, your needs, and how we can help. Physical Custody vs. Legal Custody. Let us help you. What Is Joint Custody? Similar to joint custody, the type of parental rights that shared custody provides the parties will depend on the circumstances and the specific laws of each state. The main takeaway here is that both parents will have a right to live with and have contact with their child.
As for the rights afforded to parents who have legal custody, they are the same as the ones that were discussed under the joint custody section above. Again, the difference with shared custody is that this type of custody arrangement is more concerned with securing the rights to physical custody than it is with the parental rights for legal custody. The type of custody arrangement that the parties choose really depends on the situation and how willing they are to cooperate with one another.
In some instances, the decision may also be based on what is allowed by the laws of a particular state. It will do neither party any good, nor the child, if the parties are not realistic in managing their expectations. For example, if the parents live in two separate countries, asking the court to grant shared custody may not be the wisest option.
It is also important to consider how the court makes its decision regarding the final child custody order. The main concern for the court is the wellbeing and safety of the child. Thus, if only one parent has a stable living arrangement and a job, then it is more likely that the court will grant that party greater rights over the child. In cases where the parents cannot reach an agreement, they should consider attending family mediation sessions.
This is especially true when the parties have issues communicating. Generally speaking, mediation offers many benefits, such as the fact that it is usually less expensive than going to court, it can save time, it often helps the parties to compromise, and it promotes peaceful and open channels of communication. Finally, if one of the parents experiences a change in circumstances e.
Family law matters that involve child custody issues can be challenging and emotional for all parties to the case. However, hiring an attorney can potentially make this experience less stressful since they will be responsible for managing the legal aspects of your case and can ensure that you are following the necessary laws. Removing legal pressures will also give you more time to focus on making the right choices for your family.
Therefore, if you have any questions about either shared or joint custody arrangements, then you should consider contacting a local child custody lawyer for further legal guidance.
In addition to the benefits already mentioned, an experienced child custody lawyer can offer you legal advice about your parental rights and can help you with developing a plan of action to resolve your custody issue.
Your attorney will also be able to assist you with obtaining the type of custody arrangement that is best suited for you and your child. Finally, if for some reason your circumstances have changed, an attorney can help walk you through the process of modifying your child custody agreement.
Daniel Lebovic. Prior to joining LegalMatch, Daniel worked as a legal editor for a large HR Compliance firm, focusing on employer compliance in numerous areas of the law including workplace safety law, health care law, wage and hour law, and cybersecurity.
Daniel holds a J. Daniel is also admitted to practice before the United States Courts of Appeals for both the 2nd and 11th Circuits. You can learn more about Daniel by checking out his Linkedin profile and his personal page. Jose Rivera. The alternative to shared physical custody is sole physical custody.
Custody X Change is software that helps parents create a joint custody schedule and custody agreement. Joint physical custody can work with almost any parenting time schedule. If your child needs to live primarily with one parent, you can give more time to the other parent with midweek visits, extended weekends, longer holiday breaks, and school break visits. The other parent can also have contact with the child through phone calls, email, texting, attending the child's events and activities, etc.
Children generally do better if both parents are significantly involved in their lives. If you and the other parent can make joint physical custody work, it will benefit your child. If you have joint physical custody, you need to make a parenting time schedule that shows when your child spends time with each parent. You can always add midweek or overnight visits during the week to make the schedule better suited for your situation.
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