Navigating Around Child Custody Laws
Fighting for custody of your child is one of the most stressful events a person can undertake. Trying to understand all of the child custody laws that apply to your situation is just one more complication. Especially since child custody laws vary from state to state, and place a huge emotional burden on you and your loved ones. However, developing a strong understanding of these laws will greatly increase your chances of reaching the outcome you seek.
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Two Types Of Custody
First, it is important to realize that there are two types of custody in child custody cases. One is legal custody and the other is physical custody. Legal custody means that you have all legal child custody rights pertaining to your child. For example, the ability to make decisions regarding health and education. This type of custody is usually joint custody. Physical custody is generally what people are referring to when they are speaking of custody. Physical custody means that you share a home with your child and get to decide where home will be. This type of custody is usually only given to one parent, or sole custody. Splitting physical custody can be extremely stressful to a child which is already coping with enough.
Requirements For Sole Custody
Child custody laws are generally state laws as opposed to federal laws. These laws also vary from one state to another. You need to be completely versed on these laws in order to be prepared for your case. The easiest way to access these is to visit your state’s website in order to know your state’s specific requirements. The most important issues include: where the child will be physically and emotionally safes. If there have been any cases of abuse or neglect with the other parent it is very important to present this information to your lawyer or the judge. Another key issue is deciding which parent will act in the child’s best interest. Unfortunately, some parents only seek custody of their children in order to hurt the other parent. Each parent’s intent will be scrutinized. Last but not least, the child’s overall requirements for happiness and health, and the relationship between the child and parent. If you have a child with special needs the child custody laws will usually allow the court to take into account which parent can better meet these needs.
Detriments To Gaining Custody
Equally important to knowing child custody laws and what will help you gain custody is knowing what will cause you to lose the custody dispute. These include: placing your child in danger or in any dangerous situation. This can include anything from physical danger such as abuse, neglect, or even living with someone who has been convicted or accused of sexual or physical abuse. Also, using illegal drugs or participating in any illegal activities will prevent you from gaining custody. If in question the court will order you take a drug test immediately. Also, withholding visitation from the other parent or threatening the other parent. The parent who will most likely allow the child to have a healthy relationship with each parent will be the most likely candidate for physical custody. Therefore, it is very important to try and keep communications open and peaceful. This is the best child custody advice for you.
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