|
During divorce or legal separation, parents need to take a decision about the child's custody. The legal issues and complexities can leave parents confused about the type of custody the court may award, differences between the various kinds of custody, procedures that need to be followed for a parent to get custody, etc. Below are a few questions that have been answered by Experts: Q. What does shared physical custody mean?
Broadly there are two kinds of custody, joint custody and sole custody. When decisions regarding raising a child are shared, it is joint custody. If the child stays with one parent for a greater amount of time and the other parent gets to meet the child during visitation time, it is shared physical custody. It is up to the parents to decide what kind of child custody they would want. It may also be a combination of shared physical and joint legal custody. Q. Does one get sole custody of a child if one has already been awarded physical and legal custody?
Determination of where the child will live depends on which parent gets the physical custody. Physical custody is also known as “primary residence”, “primary custody” or “majority time-sharing”. Parental responsibility often means “legal custody” where decisions regarding the child’s schooling, religion, medical care, etc. are taken. Sole custody of a child is not granted to anyone unless the child has been physically abused by the other parent. Q. If parents share physical custody, does this give them an advantage on future arrangements and disagreements regarding child custody?
One may not receive any advantage while working out future custody arrangements. There is a connection that is built between the parents and the child due to them working together under the shared physical custody agreement. The agreement may be modified by the court in the event one parent is proved to be unfit. In the best interest of the child, the court may award physical custody to one parent to ensure that the growing needs of the child due to age that are met. Q. Can shared physical custody be granted to a person who has a history of domestic violence?
Chances of a person getting custody are slim if he/she has a history of domestic violence. Custody is granted by the court considering the best interest of the child. Due to a possibility of the child going through emotional trauma, more so if the child had seen the violence take place, the child may not be placed with a parent who has a history of domestic violence. Q. Do the chances of a parent to gain full custody of the child increase if one parent was charged with theft?
Full custody may be granted to the interested parent if the interested parent is able to prove that the theft charges will affect the ability of the other parent to care for the child and the best interest of the child is not protected. However, the court feels that both parents have an important role to play in the life and upbringing of the child. Therefore, if the charged parent was not jailed and in the opinion of the court the child’s life may not be negatively affected, the court may not grant sole custody. Divorce or legal separation is generally followed by determination of child custody rights, granted by the family court. The most important factor that is taken into consideration while granting child custody is “the best interest of the child”. You may ask a family lawyer if you have any further questions about custody issues.
Related Articles -
shared physical custody, shared physical custody law, what is shared physical custody, getting shared physical custody, how to get shared physical cus,
| 
