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Divorce And Child Custody

Any divorcing or separating parent will have to deal with the child custody cases. There a number of child custody options available for the parents.  The child custody option selection depends on the state in which the parents are living and the situation of the child. When couples files divorce case the court will decide about the custody of the child if the child is below 18 years of age.  Child custody is a sensitive and emotional issue and requires the interference of an experienced child custody attorney to avoid difficult situations for the parents as well as for the child. The court will hand over the custody to one of the parents considering the age of the child, sex of the child, the ability of the either of the parents to look after the child etc. if both the parents are not able to look after the child, the custody of the child will be handed over to any relative or to any orphanage.

Types Of Child Custody

The five types of child custody recognized by federal law are Legal custody, Physical Custody, Sole custody, Joint custody and bird’s nest custody.  In legal custody, the decisions regarding the child are taken by the parents. In joint legal custody one parent take decision about the child with the complete consent of the other parent. In physical custody the decision about the child is taken by the parent with whom the child lives.  In sole custody only one of the parents will have the legal as well as physical custody of the child and the other parent will have only the right to visit the child. I the parents are living separately, they can opt for joint custody.  In bird’s nest custody the parents have joint custody rights. The child will remain in the family home and the parents will take turns to stay with them.  A good child custody lawyer will help you to select the best option after considering your child custody needs.

Determining The Custody

If you want to finish the child custody case smoothly you can get the help of experienced child custody lawyers. They will deal with the various aspects and factors determining the child custody.  When deciding the child custody the court will consider certain important factors. This includes child’s age, physical and mental health, the emotional bond between the child and the parent etc.  The court will also consider the physical and mental condition of the parent, the life style and social factors of the parent and the parent’s ability to guide and protect the child, the financial condition of the parent etc. if the child is above 12 years of age the child can give preference about the parent with whom the child want to live.  If the parent wants sole custody of the child your child custody lawyer should be able to produce the factors which will make the decision favorable to you.  Since child custody cases are a bit complicated it is necessary to select highly qualified, specialized and experienced attorney to support your interest.

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