Different Types of Child Custody Cases
The experience of going through a divorce can be extremely painful and stressful especially if there are going to be child custody issues in the picture. Even when a man and a woman realize that they don’t get along any longer and they want to go their separate ways, it is important that they always consider what is best for the children involved. The issue of child custody and especially the type of custody you seek will definitely come up during your initial visit to a divorce lawyer.
Sole custody: This refers to a child custody case where one parent gets granted full custody right; while this type of custody is rare today, there are a few circumstances where it can be granted. In such cases the nun custodial parent is given visitation rights that are supervised. This can happen in situations where a parent has been involved in child neglect, is indulged in abuse or is unable to provide proper care. It can also happen where one parent has been the primary caregiver or there is substantial proof the one parent is unfit. Other factors include lack of a strong parent to child bond or lack of parental involvement in a child’s life. Also, if a parent is prone to alcohol or drug abuse sole custody can be granted.
Joint Custody: Also known as shared parenting, this is where both parents are given equal rights. Parents in such child custody cases are asked to prepare a schedule where they mutually agree but when they cannot the court does it for them. There are several things that the court takes into account when granting this type of custody that include the parents’ ability to agree on different issues relating to the children or when the two parties’ active involvement in the child’s life will result in proper child care. This is normally the most favored among all child custody cases since it is believed that it augurs well for the welfare of the children and that they are likely to have a good relationship with both parents; this reduces the trauma that is associated with a child being separated from one parent.
Temporary Custody: In some cases, while the divorce case is in progress, some family courts will rule on child custody cases when the parents are not able to have an out of court agreement. Even though the court will call it temporary custody, in most cases the same arrangement is upheld when the divorce cases get finalized. This is normally done because any serious changes could adversely affect the child and the routine they are used to.
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