Caught in a Child Custody Battle? A Child Custoday Lawyer Can Help!
Child Custody issues can be among the most stressful things that can ever happen to a person. In addition to the stress, a good or bad result in your case can have an impact that will last for literally the rest of you and your children's lives. This stress can be managed when you have the right child custody lawyer or child custody attorney behind you.
Definition of Child Custody Law
In the case of divorce, generally, the court having jurisdiction of the divorce proceedings also determines who shall have custody of children from the marriage. Under the common statutory provision, the parents of a child born within a marriage are joint guardians of that child and the rights of both parents are equal--each parent has an equal right to the custody of the child when they separate.
Like other aspects of family law, most law in this field is state rather than Federal. When a married couple with children files for divorce, custody of the children is determined in a court of law. There are four main types of child custody:
Legal custody - refers to the right of a parent to make decisions about a childs upbringing. In some cases, joint legal custody is awarded to both parents. In this instance, the parents of the child must make decisions about the childs welfare together.
Physical custody - refers to the right of a parent to have a child live with them. In some cases, joint physical custody is awarded.
Sole custody - when sole custody is awarded to one parent, that parent has sole legal and physical custody of the child.
Joint custody - refers to joint physical custody, joint legal custody, or both.
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