When you face a child custody dispute you should be familiar with the fundamental aspects of child custody law and understand how the procedure operates. Always hire a qualified child custody lawyer who is skilled at family law, unless you are fully aware of it. Get More Information
First, there are two fundamental aspects of a child’s custody-legal custody and physical custody. Judicial custody includes the responsibility and decision-making for the basic needs of the child such as health , education, and welfare. If only one parent has been given sole legal custody, then that parent will make all children’s decisions without consulting the other parent. Parents are sometimes granted joint legal custody, and decisions are then to be taken jointly. Depending on the individual case , different degrees of custody may apply. For example , a parent may have legal custody, but they may also have a duty to communicate with the other parent to warn them before making any decision. Nevertheless, it is quite normal for one parent to have the decision-making authority to avoid a situation in which the parties are impasse and can not reach a decision.
The other element of the law regarding child custody is physical custody. This dictates where the child will be sleeping, physically. Sole physical custody means the child will be with one parent in the first place and will have contact with the other parent. At the other hand, true physical shared custody is where the parents have equal time with the children. Physical custody can offer other possibilities.
Physical custody is often subject to litigation because, first and foremost, every parent needs to fight for their own right. Nonetheless, first the legislation would have to look at the child’s best interests. Nonetheless, in real life, the child’s best interest can not be readily identified, and what seems best to one party can not seem to be so to another.
The court will seek to be fair to both parents but more often than not, it is generally not feasible or realistic to have equal time between parents and one parent will have to make the sacrifice. I think parents should also understand that the child’s needs come first and not just concentrate on what they want for themselves. Too often parents concentrate solely on why the other parent should not be in custody and fail to see their own failings.