Joint Legal Vs Physical Custody

Custody gives the parent the opportunity to make decisions for the child. A parent with legal custody of a child has the right to make decisions regarding medical care, schooling and upbringing of the child, and religious education. Ultimately, in joint custody cases, a parent is given final decision-making authority for periods when the parents are unable to make an amicable decision. Generally, the final decision rests with the parent who has primary physical custody. (Note: Physical custody is also shared in most cases.) Sometimes, when transferring custody to one parent would harm the children, the courts give custody to someone other than the parents because it is in the best interests of the children. Usually, this is called “guardianship,” where someone who is not the parent applies for custody of the children because the parents cannot care for them. Click here for more information on guardianship. If you can`t agree, the judge will send you to mediation and a mediator from Family Court Services or another court-related program will help you. If you still can`t agree, you and the other parent will meet with the judge. Typically, the judge will then decide on your custody and visitation schedule.

Learn more about custody mediation. Click on the first category: Custody. Then select the “joint custody” button. A parent with physical custody has the right to have the child physically present in his or her home. Sole custody exists when one of the parents has 100% custody of the child. It is very rare for a court to grant this decision; This usually happens when the other parent is completely out of the picture or poses a danger to the child. In these situations, the court may still grant the other parent very limited visits, which are often supervised. As it seems, joint custody is when both parents have decision-making authority over the child. In general, judges who grant joint custody to parents (see below) also grant joint custody. Angelina asked for joint custody. That meant she wanted to share custody with Brad. Parents do not have to agree in joint custody situations; Everyone retains the right to make decisions for children.

Parents can have joint custody and a timeshare of 20/80, 30/70 or 40/60 or 50/50. An example of a 50/50 timeshare would be weekly child care, where children live in one parent`s home one week and in the other parent`s home the following week. Joint custody does not mean that children have to spend exactly half the time with each parent. Usually, children spend a little more time with 1 parent than with the other, as it is too difficult to divide the time exactly in half. If 1 parent has the children more than half the time, that parent is sometimes referred to as the “primary custodial parent.” In addition to physical custody of a child, the courts must determine which parent should be given custody of a child. Custody is the right to make important decisions on matters such as the upbringing, health and religious education of the child. In other words, it is the right to make legal decisions in matters that affect the child. There are many ways for parents to share custody.

Your court may let you decide the details, or it may use one of the following agreements (or a variation) by default. The judge may also appoint lawyers for children in custody cases. The judge also decides who pays the children`s legal fees. The alternative is sole custody, where one parent has full responsibility for making important decisions for the child. You must specify in your parenting plan the custody option your family will use. This determines who makes decisions about your children`s education, medical care, religion, and more. Custody is a parent`s right to make important decisions about their child`s education. Specifically, the parent has the power to decide: after a judge makes a custody or access order, 1 or both parents may want to change the order. Typically, the judge approves a new custody and access order, which both parents accept.

If the parents cannot agree on a change, 1 parent can apply to the court for a change. This parent will likely have to fill out certain forms to request a court hearing and prove to the judge that circumstances have changed significantly (e.g., the children would be harmed if the order was not changed) or some other good reason to change the order. Both parents will likely need to meet with a mediator to discuss why the court order needs to be changed. Shared custody can also ease the burden of parenthood. The other parent`s contribution to difficult decisions can be welcome. In addition to custody orders, the judge is also likely to issue support orders. Keep in mind that a child support order is separate from custody and access, so you can`t refuse to let the other parent see the children just because they don`t make the court-ordered support. And you can`t refuse to pay child support just because the other parent won`t let you see your children. But child support and child custody are linked, because the time each parent spends with the children affects the amount of child support.