The phrase “child custody” normally refers to the parents of the child who have the most responsibilities for the child and have the right to spend the most time with the child. But, there are situations that some person, who isn’t the biological parent of the child, has these responsibilities and rights. These agreements are called “guardianship”.
Types of Child Custody
Probably most of the people think that there is only one type of the child custody and that would be physical possession of the child. Actually, we have 2 types of custody: legal custody and physical custody.
This type of custody refers to the parent right to make the biggest decisions in child’s life which include the decisions about child’s education, health, religion and extracurricular activities. In many states, judges presume that joint custody will be in the best interests of the child. In a situation when one of the parents don’t believe that the other parent will make responsible decisions, a parent can demand from the court for sole legal custody.
If parents have joint legal custody, their responsibility is to cooperate in making the main decisions about child’s upbringing. In generally, Even if there are some disagreements between parents, it is always best for a child to find a common solution in the form of agreement and solidarity according to Hillside Law.
When judges need to make a decision is a custody going to be joint or grant sole, they can provide the different awards. For example, if the court order joint physical custody it can also provide sole legal custody to one parent. The same way, if a judge ordered joint legal custody it can also award sole physical custody to one of the child’s parents. If you want to learn more about it, visit this link
Physical custody represents the right of the parent to have the child live in the same place with her or him. The child has the right to choose to live with one of the parents, and in that situation, the chosen parent can have sole physical custody. But if a child spends the most of the time with both parents then the child can have joint physical custody.
If parents leave near each other, there is a big chance that they will get the right of the joint physical custody, because they would be able to make a more stable environment for their child. Read more about it here.
We have two different ways how custody decisions are made: through contested hearing or by agreement. Mothers usually have advantage when it comes to custody, so the fathers need to rely more on children choice. Click here to read more about it.
In the most cases, parents agree to witch one of them should have primary custody of the child. Also, they can agree to joint custody. On the other hand, if they don’t initially agree there are two ways how they can find the best solution for their disagreement and they will find it through negotiations with their lawyer or through mediation.
Mediation is a non-adversarial process which helps both parts to work out a settlement of their case. In this case, a third neutral side will also be included which will identify the best interests of both parties and except that it will suggest the best possible solution for their problem. Mediation has the goal to get a parent to forget their different points of view so they could focus on their child and make the best possible decision about their future plans related to the upbringing of the child. In many cases, meditation is suggested by the judge before a contested hearing.
Read more here: https://en.wikipedia.org/wiki/Mediation
One of the solutions that can be used is called “parenting agreement” which has the purpose to outline the parents plan about designating parenting time and making decisions pertaining to the children, as well. This agreement can switch standard court order. You can learn on other cases on how you should act in these situations.
Let’s see what exactly Parenting Agreement is determining:
Living arrangements and the general custody
Time and dates when the child will spend with each parent
How will they divide the holiday time
Finances which includes child support, travel expenses, and child-related costs
Provisions about changing locations or traveling one of the parents with their child
Provisions about child’s medical needs, education, religion and extracurricular activities
Other provisions which will be determined agreements of the parents
The conclusion is that it is in the best interest of the child that parents find a common solution to any disagreement they have, and if not alone, to demand a third neutral side to help them. They need to focus on the most important thing for them, their child.