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Five Common Questions Regarding Child Custody Cases
Familiarizing yourself with child custody is not something most people want to get involved in, but when you are going through a divorce or separation, it is imperative you study upon it and learn all the issues surrounding it. There are some commonly asked questions when you start the process. Please be aware that the custody laws vary from state to state, but the answers are in general terms. Please contact your child custody lawyer for more details for the laws in your state.
What Does Custody Mean?
Custody is what is determined during a divorce case where they find out which is responsible for the child when the parents no longer live with each other. This is true to all parties going through a divorce or is in the process of getting separated.
What is the Difference Between Physical Custody and Legal Custody?
When the child lives with a parent on a regular basis, it is called physical custody. If the parents have joint physical custody, the child will live between both of the parents homes.
If one of the parents has sole legal custody, they are the parent that will make all the major decisions in the child’s life such as education, health, religion and any other major decisions. The parents will share the responsibility of making these decisions if they have joint legal custody.
How Does the Judge Decide Who Has What Custody?
Once the custody plan is agreed to between both of the parents, the judge will give his approval. If there is a case where the parents do not agree, a mediator or counselor will be brought in to help them work out an agreement that is best for the child. If there are any disputed issues or any issues that cannot be resolved between the parties this is when the judge will step in and make a decision.
When a Parent is Not Awarded Physical Custody, Can the Child Still See this Parent?
If a parent is not awarded physical custody, the child can still see the parent. If there is a case like this, the child is usually given generous visitation rights so that they can be with the other parent. If the care from the parent is in question, though, this will not be the case. This can happen if there is domestic violence, or if the parent’s ability to care for the child is at question.
What Happens When the Custodial Parent Does Not Let the Other Parent See the Child?
When the non-custodial parent is not allowed visitation from the parent they can ask for the court for a contempt order. If this happens, the parent that is not given visitation intentionally can sue for the child’s custody. In this type of case, though, the judge normally attempts to work this out through a mediator.