However, once everything is broken down, understanding the specifics becomes much easier. Studying how child custody works may feel like a daunting task to begin; however, it is essential for parents who are going through a custody case to be comfortable with the particulars. Dependent on the state laws, parents may encounter alternate terms to the ones listed below.
For example, Illinois law uses the terms 'allocation of parenting time' and 'allocation of parental responsibilities' rather than custody. Parents should always consult a family law professional in their state for questions about state-specific laws that govern co-parenting after a divorce or separation. There are two basic types of child custody that must be accounted for in any child custody agreement. These two types of custody are legal custody and physical custody.
These types must be further defined by whether they apply to one parent sole or both parents joint. The two types of child custody can be defined in any possible combination. For instance, a child custody agreement may order one co-parent to have sole legal custody while also ordering joint physical custody of the child.
Legal custody concerns how important decisions about a child's upbringing are made. Physical custody essentially has to do with the everyday caretaking responsibilities for the child. Physical custody also determines the primary residence of the child. This means that the co-parents with physical custody of the child are responsible for providing the child with life essentials such as food, shelter, and clothing.
Sole custody simply means that only one co-parent has custody of the child. Parents may have to pay for an evaluation. The judge also may appoint lawyers for children in custody cases. After a judge makes a custody or visitation order, 1 or both parents may want to change the order. Usually, the judge will approve a new custody and visitation order that both parents agree to.
If the parents cannot agree on a change, 1 parent can ask the court for a change. That parent will probably have to complete certain forms to ask for a court hearing and prove to the judge that there is a significant change in circumstances for example, the children would be harmed unless the order is changed or other good reason to change the order.
Both parents will most likely have to meet with a mediator to talk about why the court order needs to be changed. This information sheet is also available in Spanish , Chinese , Korean , and Vietnamese. Contested custody or visitation cases, where the parents cannot agree, are complicated. Talk with a lawyer to understand how the law affects you and your rights. Click for help finding a lawyer. Skip to main content Skip to topics menu Skip to topics menu.
Cancel Print. Advanced Search. This section helps you understand some legal words that are used in family court to describe the sharing of parenting responsibilities. In your case, you will need to decide on custody.
In California, either parent can have custody of the children, or the parents can share custody. A child custody lawyer near Severn can also advise you as to the factors the judge will consider when awarding child custody. Your child custody lawyer may recommend that you file a request for temporary custody at the same time as your divorce paperwork. If a judge awards you temporary custody based on the best interests of the child, it means that the child will reside with you while a long-term child custody arrangement is being determined.
Being awarded temporary custody does not automatically mean that you will be awarded sole custody later on. When you meet with your attorney to discuss divorce and child custody, let him or her know if you plan to pursue sole custody. There are three forms of joint custody, which are: Physical joint custody. When the child spends significant amounts of time with both parents. Legal joint custody.
Joint physical and legal custody. When both physical and legal custody is collaborative, it means a child physically spends significant amounts of time with both parents. Why contact our family solicitors for a child custody matter? Clarissa lees says:. Search for:. Subscribe to our blog. What Is Child Abuse? Everything You Need To Know. Close dialogue. Session expired Please log in again.
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