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Different Types Of Child Custody

Types Of Child Custody

Custody Of The Child

Are you looking for the types of child custody? The term “child custody” is used to describe parental rights and childcare responsibilities. You’ve probably heard the different types of custody thrown around. However, do you really know the difference between legal custody and sole physical custody? Which type of child custody is better for your situation? How does joint custody work exactly? If you’re in a battle for child custody it is helpful to have this information. This article will explain these topics as it breaks down the various types of child custody.

Having custody means making major decisions. Parenting arrangements can be hard to negotiate, and sometimes it’s helpful to have the help of a family lawyer. If you are trying to find an experienced lawyer, call us toll-free at 1-844-466-6529

We can connect you to the best family lawyers. The lawyer can help you with:

  • sole physical custody
  • making major decisions
  • custody arrangements
  • sole legal custody
  • explaining the Divorce Act
  • shared custody
  • split custody
  • getting court-ordered custody
  • joint physical custody
  • getting custody of the child

Different Types Of Child Custody

Child custody laws govern the legal authority of a parent to make decisions that affect a child. It also discusses getting to see the child face to face. Child custody laws exist to provide a legal structure for families that have separated. Divorced parents will generally work together to have a friendly relationship and shared custody. But sometimes the animosity between separated partners leads to problems. There is a propensity to involve children in marital and divorce disputes which requires the courts to get involved.

To serve the best interests of the child, it is sometimes the duty of the courts to step in. They might decide which parent is entitled to legal and physical custody. They will see if there is room for compromise and settlement between the partners. When a couple is married and living together, co-parenting is tough enough. However, when parents are divorced, it can be extremely hard. When deciding on custody, courts must juggle various factors. Further, custody decisions can always be reviewed when court as circumstances change.

Type Of Child Custody | Physical Custody

If a court has granted physical custody to a parent of a child, the parent has the right to live with the child. In some provinces, joint custody is possible when a child is staying for significant periods of time with both the mother and the father. Court orders usually involved shared physical custody. But keep in mind, the total amount of time spent with each parent can vary.

Joint physical custody will only be granted under certain situations. This often happens when the child’s parents plan to live relatively close to one another. If the parents live too far apart, the child’s strain can play a role in awarding physical custody to one parent or to the other.

Sole physical custody is the term used when a child lives with one parent primarily. The other parent has limited rights of visitation or custody. For example, a mother may have sole physical custody. This might happen when the child spends every day with her and sees the father only for a few hours at a time.

The video below is helpful regardless of which province you are in.

 

Sole Legal Custody

Legal custody of a child means the right and responsibility to make decisions about the care of a child. The parent with a child’s legal custody will have the authority to decide which school to send the child to. They might also decide which religion the child will follow. Further, they might decide what kind of medical care the child will receive. Parents often like to collaborate to make shared decisions on the education of their children.

Do you believe the other parent in the joint legal custody arrangement makes it difficult or impossible to make decisions? Are they doing this just to spite you? You can go back to court to try to get your child’s sole legal custody. However, many family courts are trying to refrain from granting sole legal custody.  They sometimes feel it is preferable to have both parents seeking the child’s interests rather than just one.

Joint Physical Custody

Sometimes a child’s parents do not live together. However, they share responsibility for making decisions. They might work together to house the child. Further, they might engage in the child’s joint legal or physical custody. In this situation, working together to provide consistency in schedules is very important for both parents. Therefore, the child can spend as much time as possible with each parent.

During divorce proceedings, sole physical custody is often awarded. This often happens when it can be shown that one parent is unfit. This is often due to financial, drug or alcohol issues. Sometimes one parent is living with a new partner who is considered unfit. The new partner might not be able to take care of or be around the child. In this case, the other parent may also be granted sole physical custody.

Recently, courts have allowed joint legal custody even if one parent is given sole physical custody. Even if the sole physical custody is granted, visitation rights are often awarded.

Different Types Of Child Custody FAQ

How much is it going to cost for me to get custody of my children?

During your consultation with the lawyer, they might be able to give you a quote. Keep in mind, family law is very unpredictable. Sometimes things are more expensive than you planned for. Other times it’s cheaper.

What happens if I have to go to court?

Trying to settle things without going to court is often best. However, if that fails, your family lawyer will be able to attend court for you.

Am I guarantee to get child custody if the other spouse drinks too much?

There are no guarantees in litigation.

Is there an agreement I can sign with my spouse to improve the situation?

You can sign a separation agreement with your spouse. The courts will have to approve the child custody clauses. This is to make sure the agreement is in the best interests of the child.

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