A divorce is never a completely easy procedure. Divorces are almost always messy. The divorce can be particularly difficult when children are involved. Generally it is left to the court to decide which spouse will have custody of the children since the spouses generally do not reach an agreement on the issue of child custody. It is vital, therefore, to understand what the factors are for deciding who gets child custody in a divorce. Typically who receives custody of a child in a divorce will depend on certain characteristics of the parents. The living conditions of each of the parents will be considered, as also income and lifestyle. The fact of the matter is that, typically, a court will grant legal custody to the parent who has had physical custody of the child. Judges generally do not intend to disrupt a child’s life and routine any more than is required. There are other factors that the court will look at in deciding who received custody of a child in a divorce. Factors such as abuse, drug use, illegal activities, or emotional instability can result in the court granting the custody of the child to the other parent.
There are several different categories of child custody arrangements. When parents go through a divorce, they have the choice of deciding the child custody arrangements on their own. However, in most cases, they are unable to come to an agreeable decision. If this happens, a court will decide the child custody arrangement. There are four basic categories of child custody arrangements- joint legal custody, sole legal custody, sole physical custody, and joint physical custody. While the specifics of each kind can vary from one state to another, they do share certain characteristics. To begin with, there are two categories of legal custody arrangements. Legal custody primarily refers to the rights and responsibilities as they relate to the child and can include things like health, education, and general well-being. In case of joint legal custody, both parents share these responsibilities. Joint legal custody mandates that the parents should be able to work together with one another for the benefits of the children. It also mandates that the parents submit a detailed plan to the court about how the joint legal custody can work. The other sort of legal custody arrangement is sole legal custody, in which one parent has those legal rights and responsibilities. In this type of custody the non-custodial parent can still have visitation rights. However the non-custodial parent will have few other rights regarding the kids. There are also two kinds of physical custody arrangements – sole physical custody and joint legal custody. In the first type – sole physical custody, one parent has the majority of contact with the child, and the child lives exclusively with that parent. In sole physical custody, the non-custodial parent may again still retain visitation rights. Both parents have plenty of contact with the child in case of a joint physical custody. Child custody litigation is complex. Consult with a seasoned divorce law firm.
Kenneth Braxton writes for attorney video directory and find a lawyer resource, Viewmylawyer.com, where you can find a lawyer and view attorney videos.