Couples who file a divorce fight for property, children, or both. For courts, equitable distribution of property could be challenging, still possible due to many factors such as couples have a list of all assets and liabilities. Therefore, considering the income and debt ratio, the court decides the proportion of assets division.
The more challenging job for the court is to give child custody as there are lots of considerations to consider along with understanding a child’s feelings and comfort zone. Therefore, if you are too fighting for your child custody, you must be aware of certain laws that can help you all the way. Reading to these also helps you to prepare your mind for the court’s expected decision. If the case is in your favor, you can also plan financial aspects with child custody.
Physical Custody
Physical custody of a child means when both the parents have the right to live with the child. Some states consider child age and the need for parents to award joint physical custody of the child. In this case, the kids can spend plenty of time with both parents, especially when both are residing in nearby areas or the same locality.
The aim of this custody is to reduce child stress due to parents’ divorce. Moreover, in many cases, it was found that when a single parent gets legal custody of the child, he/she takes the child to another city or state. This apart the child from another parent. Therefore, to protect both parents’ interests and keep children secured, the court offers physical custody to both parents.
Legal Custody
Under legal custody of the child, all rights and responsibilities of children shifted to the parent who has legal custody. Decisions from schoolings, religions, upbringings to medical care are all taken by one parent. But in most cases, the court prefers joint legal custody to keep both parent’s interest in the child. The best part, kids never face this type of divorce stressfully, and all major decisions regarding children are taken by their mutual consent.
Keep in mind; you cannot take any decision alone. If you do so, your ex can take you to court again. The court may not charge a fine or punish you, but it could be more humiliating. This could also affect your child. You can also ask for more details about Family and Divorce Law from your lawyer. The guidance of a lawyer can help you to know your rights and responsibilities under legal custody.
If you feel some circumstances are not in your favor, or your partner is taking lots of time to decide. You can too go to court for sole custody. But at this time, you have to go with solid proofs. Your partner is not taking any interest in important decisions like schooling, medical aid, or others. You have to present proof for message communications because to convince a family court judge.
Sole Custody
In some cases, the court awards for sole custody where one parent has physical custody. This situation hardly occurs, especially when a parent has a high dependency on alcohol or drugs or may be charged with child abuse. In such cases, the court awards a child’s physical custody to one parent. But, it does not mean another parent won’t have any rights over their child. Still, other parents have legal custody rights. Therefore, I can make decisions regarding a child’s upbringing. All the decisions regarding upbringing will be mutual, except physical custody.
If the need persists, you have to show parenting plans and what kind of custody your family will use. Under your parenting plan, you will determine decisions regarding children’s education, medical care, religion, extracurricular activities, and more.
For the best of advice, it is recommended not to go by sole custody for kids. As sometimes, it is not acceptable by children and directly harms their behavior. Sharing both parent’s loves plays an utmost role in a child’s overall growth and development.
Joint custody
Parents who are not living together can have joint custody of their kids. Under this custody, both parents take active participation in all the major and minor decisions related to the child. Children also have the right to spend time with both parents. These times are set by considering parents’ working schedule, child schooling, housing arrangements, and child needs.
The court can also decide the timings for kids to stay with other parents. The timings for the stay can be weekends, monthly, half-yearly, or yearly. Both parents have to agree upon the timings to enjoy joint legal custody for kids. Keep in mind, joint custody for kids only exists if the parents are getting divorced and never going to live together.
Joint custody can be of another form where a child remains in their home and only parents step in and out from the family house. Only parents spend time out of the family home when another parent takes care of the child at home. This is also called “nesting” or bird’s nest custody.
What are the benefits of joint custody?
Joint custody has a brighter side that children always keep in contact with both parents. And both the parents share burden and responsibility in all financial matters for children, which may not be possible for one parent to bear. Even if the child gets nesting custody, he/she does not need to leave the family home. Moreover, under joint custody, children are found less ill. It positively impacts their growth and development, rather than sole physical custody.
Bottom Line
Child custody could be a tiring and sometimes long process. Therefore, the best advice is to prepare well with all the essential documents. If you are looking for joint custody and want to share child responsibility, keep a list for groceries, schools, and other activities, including clothes and medical care. These could help you claim child expenses, and if your partner claims that he/she has spent more than you, you can give complete justification to judge with invoices.
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