Child custody can be a complicated process if parents do not agree on where the child should reside if the parents are no longer together, either because of divorce or a single-parent situation. The child custody lawyers at Amsberry Law Firm have experience in family law and the expertise to fight for you in the courtroom.
Some parents may not understand the complex nature of family law that governs child custody. They may need to learn details related to child custody so that they better understand exactly what child custody is and how the courts make decisions related to child custody.
What is Child Custody?
Child custody may be defined as having the care and guardianship over a child, including physical and legal custody. It includes having responsibility for the control and maintenance of a child, along with the responsibility and obligation to make decisions regarding the upbringing of a child.
It is important to understand that the courts may make distinctions regarding physical custody and legal custody. Physical custody concerns which parent the child resides with, whether the child lives with one parent throughout the year, or if the court awards both of the parents physical custody. This typically means that a child may spend part of the year living with one parent, while living with the other parent for the rest of the year. One common example is when a child resides with one parent during the school year, and then spends the summer break with the other parent.
Legal custody concerns the obligation and right to make decisions about the child’s upbringing, such as where the child attends school, where the child receives medical care, and decisions about the upbringing of a child when considering religion.
It is important to note that child custody laws may vary somewhat from one state to another state, although the basis of child custody remains very similar or identical in child custody court cases. A suit affecting the parent-child relationship (SAPCR) determines the custody of a child, orders regarding visitation and child support.
Sole Custody and Joint Custody
Although the courts usually want both parents to share in the upbringing of a child, there are some exceptions. These types of cases may help the court to decide whether a parent has sole custody or joint custody in a child custody case.
The court may award sole legal custody, sole physical custody, or both sole legal and physical custody to one parent. The court may award sole physical custody to a parent in certain situations such as:
- Poor living conditions of a parent
- A parent has issues with drug abuse or alcohol abuse
- A parent has a history of child neglect or child abuse
- A parent is unwilling to comply with parenting classes if ordered or other court mandates
- One parent is better suited to meet any special needs of the child such as education or medical needs
Some other factors that may help the court to determine if a parent is awarded sole physical custody include the child’s wishes if the child is at least 12 years of age, or whether one parent may pose a risk of direct harm to the child, such as emotional or physical harm.
The court awards joint custody to parents that will share in the responsibilities related to the child’s upbringing, even when the parents do not live together. These situations may include when the parents divorce, or in situations where the parents were never married or never lived together.
Joint custody may include joint physical custody, joint legal custody, or both joint physical and legal custody of the child. Many parents are able to work out a schedule on their own for the joint custody arrangements. The courts may have to intervene if one or both parents refuse or are unable to work out an agreeable arrangement.
Issues in Child Custody Cases
Issues arise in child custody cases even after court orders are in place. Turn to a child custody lawyer at Amsberry Law Firm when issues arise or when you need help to start an initial child custody case.
A client can be sure that one of our child custody lawyers will fight for them every step of the way throughout an initial child custody case, or when things go wrong after the court issues its rulings. Examples include when a parent does not comply with court orders, if a parent takes a child out of state and there are possible jurisdiction issues, and other matters.
Contact Amsberry Law Firm to start your child custody case or to make an appointment for a consultation to learn more about your rights in a child custody dispute.
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