5 Things to Understand About Child Custody Laws
It’s true that 26.6% of all children lived in families with only one of their parents. These parents were able to fight for custody of their children by knowing the laws and hiring an attorney. Many factors determine the outcome of a case, so what are the most important things to know?
Read on to learn about five things to understand about child custody laws.
- Rights of the Parents
Child custody laws on who gets rights over the children during a divorce are determined by the courts. Generally, the parents have equal rights over their kids unless specified otherwise by the courts. Knowing how to win child custody cannot be done without a child custody lawyer.
One parent will file as the custodial parent while the other is the non-custodial parent. This means they will have visiting rights. The courts decide custody after the parents file based on what is best for the child.
- Legal and Physical Custody
The courts make a decision based on child custody factors like environment or the wishes of the parents. A child custody attorney can help you gain physical custody of your children. This means you are the parent who has control over the child and who the child lives with.
The other parent gets visitation rights unless it is against the best interest of the child. Another arrangement couples consider is joint legal custody.
This is when parents share the responsibility of their child, including agreeing on major decisions. With this arrangement, there is no physical custody.
- Visitation Rights
Many wonder how can a mother lose custody of her child? If the court deems a mother unfit to take care of a child, the father will have physical custody. This means a mother can still enjoy visitation rights as long as the courts allow it.
In most cases, visitation rights get granted to the non-custodial parent. In the event of physical or emotional abuse, visitation rights are denied. Visitation may also be denied if the living situation of the non-custodial parent is not up to par.
- Parenting Plans
Child custody laws allow a parenting plan to get submitted to the court ahead of the custody decision. This plan is predetermined by the parents and states their recommended visitation schedule. When and if the plan is approved by the court, it can get incorporated into the custody order.
If either of the parents gets remarried, the custody agreement can change. The custody status may not change, but new considerations, like adding a new spouse to the agreement, can change the circumstances.
Change in custody or visitation may happen if the new stepparent creates a conflicting situation for the child. If relocation is a possibility in the remarriage, the courts may have to decide if the child can move depending on how far away they will be from the other parent.
For more information on child custody law, these questions may be able to provide you with the answers you need.
Child Custody Laws Explained
No matter what kind of custody battle is ahead of you, hiring an attorney can assist you with the process. Understanding child custody laws is only the first step to ensuring you get the outcome you want. Start building a strong child custody case now.
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