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Child Custody Issues and Laws

May 2, 2015 by  
Filed under Blog

The end of a marriage or a relationship usually brings trouble to the child involved. Custodial interference and visitation rights are some major issues that parents have to address after the divorce or breakup in order to make an appropriate decision about the future of their child.

Parents who are contesting a child custody case must first know the child custody laws to better understand the custody issues. Also, it is important to know that the child custody not only involves the physical custody of the child but also gives the parental rights, duties, privileges, and powers related to the child. However, it is important to fully understand your rights and duties to make the decision that is in the best interest of your child.

Best Interests of the Child or Sole Custody

Contrary to the past standard which emphasized maternal custody, modern child custody practices focus on the best interests of the child when determining the custodial rights of the child. In this type of arrangement, the court examines the case from all perspectives and grants custody to a parent who could serve the physical, psychological, and emotional needs of the child the best.

Sole custody

Sole custody, which gives the custodial rights to only one parent, is usually granted when the child is not safe in the guardianship of the other parent – e.g. because of alcohol or drug use, or child abuse. Some courts allow supervised visitation rights to the other parent, however, the custodial parent remains the primary caretaker of the child online private investigator services.

Joint Custody

Joint or shared custody is the arrangement in which both parents share the decision making responsibilities and the physical control of the child. Joint custody may include:

  • Joint legal custody
  • joint physical custody
  • Joint legal and physical custody

In joint custody, usually parents work out a plan to reach the custody and visitation arrangement. However, if parents couldn’t agree on a plan, the court may impose an arrangement.

In this arrangement, the child spends weeks with each parent. In some joint arrangements, the child may divide alternate months, years, or six months between the parents or choose to spend weekends and holidays with one parent while spending weekdays with the other.

Custody Rights and Child’s Rights

In order to preserve the child’s rights and needs, the courts recognize the role of third parties such as grandparents, teachers, stepparents, and others in determining the custody and visitation plans for the child.

If you are seeking evidence for your child custody case, call us at 800-960-NSIU (6748) or request an investigation today!

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