For any situation where child custody rights are involved, questions must be answered. A parent going through a divorce will want to know that their child is raised right. Will they be able to participate in making significant decisions in their child’s life? These questions form the root of all child custody hearings for the parent.
Talking with legal solicitors in London will make you realize that the court cares for the same things. In the highly emotive environment surrounding a divorce, parents can forget to do what is best for the child as they go after what is best for them. Courts, on the other hand, approach the issue with level-headedness, looking to make sure the child gets the best possible arrangement. The following types of custody are possible:
The parent who receives this type of charge has the rights to live with the child. Some jurisdictions allow for both parents to share physical custody in which case they will spend part of their lives with one and the remaining parts with the other. However, joint custody only works in amicable divorces, especially when parents live near each other. That way, the child will keep a semblance of a routine. In a case where parents live far apart, the other parent gets visitation rights.
A parent with legal custody has to decide how to bring up the child. They can choose, for example, where the child will go to school, their medical care, and their religious upbringing. Some courts prefer joint legal custody in which case both parents decide together. If in such a case you exclude your ex in a decision, they can go back to court where the judge enforces the custodial agreement. While there are no fines attached to another court case, the move may harm children, and it may cost you legal fees.
A parent who receives sole custody gets it when the court deems the other parent unfit. For instance, you may be unfit if you have a history of neglect, child abuse, or drug dependency. Many courts prefer not to award sole custody unless it is necessary. Ideally, both parents need to take part in the lives of their children. Even in cases where one parent gets sole physical custody, they get a visitation schedule.
With joint custody, you do not need to live under the same roof. You only share the parenting responsibilities. Parents can get joint physical custody, joint legal, or both. Whatever the case, both parents need to have a schedule that allows them to care for the child adequately. If parents fail to come up with a plan, the judge imposes one that they have to work with.
All custodial arrangements have some benefits and disadvantages. In a divorce, remember that the legal system is trying to protect your child. Judges do this by alleviating some burdens for one parent and redistributing them in a way that will have the child comfortable.