Once you and your spouse have made the decision to divorce, the next step is determining what happens to the children. It's important to come to a decision as quickly and painlessly as possible for their sake. A family lawyer in Fairhope, AL, will help you understand which type of custody will work for your situation and help you fight for it. Physical Custody The first and most basic form of custody is physical custody. It simply implies that a parent has the right to let the child live with them. Joint physical custody is awarded when the child spends an even amount of time with both parents. This form of custody is less stressful on the child especially when the parents live close together. In this situation, one parent is designated as the primary “custodial” parent while the other is the “noncustodial” with equal visitation rights. Legal Custody Legal custody grants decision-making power to one or both parents. Where only one parent has this designation, that parent has the right to decide where the child will go to school, attend religious services, and receive medical care. If both parents have joint legal custody, they must be able to make a decision together in a peaceable manner. Making decisions without the consent of the other parent could lead you back to court where the judge will review your designation and enforce the agreement. Sole Custody If it appears that you and your ex cannot come to terms on matters involving the child, sole custody is your best option. In this scenario, full decision-making power is granted to one parent when the other is deemed unfit. In cases involving drugs, alcohol, and child abuse, judges will rule in the safety interests of the child. No matter what level of custody you decide on, hiring a family lawyer in Fairhope, AL, is your best chance to win your case.
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