If you think of settling post-divorce issues, child custody would come atop it. Even when husband and wife feel like there’s no love between them, their love for their children does not get compromised. So, they consult with their respective divorce attorneys for child custody.
Here’s everything about child custody you need to know.
Legal custody is the most powerful of all custodies. It allows you to be in charge of your child’s life, cut to the chase. If you are in possession of this custody, you can make all important decisions of your child’s life, of course, with his consent. Full-legal custody means you are the only parent who can decide on your child’s education, scholarships etc. On the other hand, a shared legal custody means you and your co-parent are authorized to make decisions on behalf of your child with mutual understanding and consideration.
It is better to have a shared legal custody because you should both have a say in whatever decisions that are likely to be made. It is not going to be fair to deprive one parent of their right to contribute to the child’s life. Even if there are unresolvable differences, you should put them behind and have a forward-looking approach to give your child a better future.
Physical custody is of utmost importance because it is the kind of custody that decides how much time you are going to get to spend with your child. As a parent, you would want your child to be with you 24/7 but at times it becomes impossible no matter how much you try for it. If you become successful bagging sole physical custody, you are the one who’s going to keep the child with you. It is not a privilege but a huge responsibility too because you’d alone be taking care of every little need he/she has. However, the parent with sole physical custody has to allow the other parent frequent visitations.
If you and your ex-partner are on good terms with each other, you can easily secure joint physical custody or shared residential custody. It means that your child is going to spend half his time in your house and half of his time under the supervision of your former spouse. If you trust your co-parent and believe he can give your child the best of what he deserves, you can easily opt for it.
In case, there’s no rift between the two former partners and they want to peacefully co-parent, they can go ahead with uncontested divorce and joint custody. You and your former spouse can file for a joint physical and a joint legal custody. However, a joint physical custody is not possible if you decide to settle in a different city.
In case you are offered a better job in some other city, would you let go of this opportunity just so you can take care of your child whenever he comes to stay? No, that’ll be difficult. What if your co-parent is offered something similar and they have to leave the city, would a shared physical custody be possible? No, it won’t be.
For a joint physical custody, you and your partner have to be in the same city. In some cases, it is very much possible while in some cases it is rarely a possibility.
In rare cases, you find one parent violent and abusive to the children he brought into this world. It doesn’t happen a lot, that’s true, but because of some people, this law has to continue to exist and there’s no chance it could be ousted. If one partner accuses his former significant other of violence, and there is enough evidence to substantiate that claim, the court will never let the abusive partner exercise any influence on the child. It will become even easier for the other partner to bag an unchallenged, full custody.
No matter where the child is and who he is living with, both maternal and paternal grandparents are allowed to visit as often as it suits them as well as the child. The court grants permission for it, too.
It’s better to settle for a child custody option both of the parties agree to. Spouses and family lawyers Fairfax VA can play their role to make this happen.