Child Custody in Divorce cases

Child Custody

For all those parents who are going through divorce, child custody is the biggest issue in front of them and for that the divorce case gets dragged into litigation. Parents fail to realize that the longer the child custody case gets dragged in litigation; the more effects of the whole process is going to have an impact on the child. The only motto of the court is to make sure that post divorce, the child have a secure future and a better upbringing. The court tries to make sure that whenever possible both of the parents are involved in the upbringing of the child.

Given below are the types of child custody in divorce cases:

• Joint legal custody: In this type of child custody both the parents have legal rights to make major decisions for the child; a court can grant joint legal custody without granting joint physical custody
  
• Solo Legal custody: In this type of child custody, one of the spouse who gets the child custody has all the legal rights to take major decisions for the child. The other parent only gets visitation rights in this. In this type of custody, the parent can take decisions about education, religion and health care
  
• Solo Physical custody: In this type of custody, the child stays in one place with one parent. However, the other parent gets generous visitation rights including sleep over
  
• Joint physical custody: With this type of custody, the child gets to stay with both the parents despite the fact that only one parent has legal custody of the child. This custody is setup in such a way that both the parents get equal amount of time to spend with the child. It is like a child living in a house with rotating shifts of parents.

Custody Agreement for Divorce

Child Custody Agreement

Child Custody forms the very frame work of post divorce life and needs proper consideration while filling divorce paper. While coming on a common agreement about the custody both the divorcing parent need to set aside their difference and put the best interest of the child forward.  

There are four types of divorce custody agreement:

1. Joint legal custody
2. Solo legal custody
3. Joint physical custody
4. Solo physical custody

Joint legal custody is the best agreement that parents can reach to  while deciding the child custody. In this agreement of child custody both the parents have all the right and responsibilities of the child i.e. education, health care and general upbringing. The child or children gets to spend time with both the parents.

In a sole legal custody either one of the parent has all the responsibilities of the child. The non custodial parent can get visitation rights to meet the child. The non custodial parent still has to pay for the child support whether they have the child custody or not.

In joint physical custody, child or children gets to spend time with both the parents. Both the parents get equal time to spend with the children. Both the parents are responsible for the upbringing of the children. In other words joint physical custody can be explained as a family where children are living with rotating parents.

Solo physical custody is a divorce custody and agreement  in which one of the parent gets the child custody and the visitation rights  are granted to the other parent. The custody is  given in the  best interest of the children but in this also, non custodial parent needs to pay child support to other parent for the child upbringing.

Coming on a common child custody plan is important for the future of the children. While granting the child custody, court looks for the best interest of the children and grants the custody to the parent who is more capable in looking after the children.