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Understanding Child Custody

Friday, May 1st, 2009 at 9:05 pm

In the event of separation or divorce, child custody is necessary. It is a legal decision to determine which parent should have a legal or physical control over their children. This decision may be awarded to just one parent (sole custody) or to both (joint custody). The parents usually have a say to the awarding of child custody, however, if they can’t reach a decision, an attorney or court will intervene.

There are two types of child custody:

  • Legal custody refers to all the rights (such as medical care, education, or religious affiliation) concerning a child’s upbringing.
  • Physical custody is the right to physically provide a home for a child.

If custody is awarded to only one parent, the other one can spend time with the children through visitation rights. Usually, parents will determine the schedule of visitation. Although sometimes, the court may order fixed visitation schedules if there is hostility between parents.

In a custody hearing, child support will also be determined. This refers to payments (usually monthly) that the non-custodial parent needs to give in order to feed, clothe, educate, and entertain the child. This amount is typically determined by the court. It’s usually paid until the child turns 18, marries, enlists in the military, or moves out of the house.

To achieve fair and objective decisions regarding child custody, visitation rights, and support, it is best to seek help from attorneys at law in your area.

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