It is always a good idea to settle child custody issues in case of a divorce in an amicable way to avoid the bitter custody battles that might affect children. Although one remains a natural guardian after a divorce, a decision must be made on who the child or children will reside with physically. The divorce court might award sole custody or joint custody depending on the issues at hand. No matter what, your first priority should be what is best for your child. The following is some useful information that divorce candidates should know when it comes to child custody:
Physical Custody:
Physical custody laws may vary from one country to another but there a lot of similarities. After a divorce, one of the parents might file for physical custody of the children that will allow them to live with children. When it comes to the physical custody of children, the court might grant sole physical custody or the joint physical custody arrangement depending on the facts of the case.
Joint Physical Custody:
When it is necessary for children to maintain contact with both parents, most divorce courts award joint physical custody. Most physical custody laws have joint custody as a default resolution, and it is the responsibility of the disagreeing parent to prove their case. In the case of joint custody, both parents are expected to spend some time with their children on a 50-50 basis or according to an agreement reached between the two parties.
In some instances, the custody schedule is imposed by the divorce court. The most notable joint custody arrangements may be alternating school holidays, weeks, or months. The two parents continue to play a major role in their children's lives under this type of custody.
Sole Physical Custody:
In this type of an arrangement, there are scheduled visitation rights for the non-custodial parent while the custodial parent is allowed to permanently stay with children. Sole physical custody is less disruptive as children get to settle in a single location without having to move from one residence to another.
The main disadvantage of this type of arrangement is that there are no meaningful daily bonds between the non-custodial parent and the children. There are severe legal consequences when the non-custodial parent takes away children without the consent of the custodial parents.
In conclusion, it is advisable to consult an attorney when going through a divorce process to understand all the issues related to physical custody. Making light of child custody issues might lead to severe consequences for both parents and children. Divorce attorneys play a critical role in helping you know how to handle and control all matters related to physical custody.
Eileen O'Shanassy is a freelance writer and blogger based out of Flagstaff, AZ. She writes on a variety of topics and loves to research and write. She enjoys baking, biking, and kayaking. Check out her Twitter @eileenoshanassy.
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