Child Custody Defined
Divorces are difficult for all parties involves, especially children. So when the courts make custody arrangements their primary motivation for their decisions is the best situation for the child. As Provo family attorneys of Howard, Lewis & Petersen we also work with the best interests of the children in mind. We have found that oftentimes divorce cases greatly benefit from a bit of education and informative conversation, so today’s article will inform readers about the difference between legal custody, physical custody, sole custody, and joint custody.
Physical Custody
Physical custody means that a parent has the right to have the child live with him or her. Physical custody can be either joint or sole. Joint physical custody is when the child spends a significant amount of time with both parents. This works best if both parents live relatively close to each other, so as to lessen stress on the child.
Sole physical custody is when the child primarily lives with one parent (called the “custodial” parent) and usually has visitation with the other (the noncustodial parent).
Legal Custody
Legal custody means that a parent has the right to make decisions on raising the child, including schooling, religious upbringing, and medical care. Most divorced parents share joint legal custody. But if you share joint legal custody and you leave your spouse out of the decision-making process, they can take you back to court and ask the judge to enforce the parenting agreement.
Sole legal custody is awarded in circumstances between you and the child’s other parent make it impossible to share joint legal custody. For example, if the other parent won’t communicate with you about important issues or is abusive, you can ask the court for sole legal custody.
Joint Custody
Joint custody is for parents who don’t live together but can share decision-making responsibilities cooperatively for their children, and/or physical control of their children. An experienced Utah family law firm of Howard, Lewis & Petersen can help you create a cooperative parenting agreement that includes joint custody arrangements.
Sole Custody
One parent can have either physical and legal or just legal sole custody of a child. Although courts like to keep children in contact with both parents as often as possible, they will award sole custody if one parent is deemed unfit—for example, because of alcohol/drug dependency or charges of child abuse or neglect.
To learn more about parenting arrangements and custody, click here or call the Provo divorce lawyers of Howard, Lewis & Petersen today at (801) 373-6345.
Posted by: on: Sep 08, 2014 @ 02:37
