There are 12.9 million custodial parents in the US. This is because many parents separate and each wants to continue to raise their child.
Before divorce or separation happens, though, many couples think they will be together forever. But understanding child custody is important if you want to know the basics.
This way, you won’t be clueless if the worst happens to you, your spouse, and especially your child. Here are the basics of child custody so you can understand this process.
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What Is a Child Custody Case?
Child custody cases are legal proceedings in which two parents contest for rights to physical and/or legal custody of their child. In these cases, a judge will consider the best interests of the child about who should be granted child custody.
Before making a decision, the court will look at different factors such as the financial and housing stability of the parents. They will also consider the ability of the parent to provide for the child’s emotional needs. And they will evaluate the ability of the parents to provide a safe and secure environment.
This requires parents to provide evidence of their suitability as a custodial parent. They should provide parenting plans and joint custody agreements.
They should also be represented by a child custody lawyer who can help them navigate the process. To understand better how these lawyers can help you, visit murphy-law-group.com or similar law firms.
Different Types of Child Custody
Parents need to understand the different types of child custody. This is because different types of custody have associated rights and responsibilities for their child. There are two main types of child custody; the physical custody and the legal custody.
A physical custody happens when a parent has the right to have physical care and control of a child. Legal custody is the right to make key legal decisions for the child. In some cases, parents may share joint physical and legal custody, whereas in other cases, one parent may have sole physical and legal custody.
Alternatives to Litigation
Alternatives to litigation are a great way to settle child custody cases out of court. It helps parents avoid the time, expense, and stress of a long and drawn-out divorce case. Mediation and arbitration are two popular alternatives to litigation.
During mediation, the two parties meet with a neutral third party. They will discuss their needs and preferences and look at solutions to their post-divorce parenting and custody plan. This allows both parents to have their voices heard and to be an active part of creating their mutual agreement.
In arbitration, the parties bring their issues to a neutral third party. This person acts as the judge and hears both sides. He or she makes a decision and issues a ruling that is legally binding for both parties.
These alternatives may require some upfront work and communication. But it can offer parents a more collaborative, efficient, and personalized approach. Both parents can settle child custody issues without going to trial.
Make the Best Decision for Your Child
Child custody and the legal process can be complicated to navigate. So parents need to be informed about the different types of custody. This way, they can create an agreement that ensures the best possible outcome for children.
If you are going through this case, do your research. And speak to a qualified lawyer for guidance and protection throughout the process.
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