When a couple files for divorce, the court decides the guardian of the child who is under 18 years of age. The choice concerning child custody is usually a sensitive problem and require to be taken with countless care. In most instances, the custody is handed over to 1 of the parents but in case both the parents are not in a position to look after the child, the custody goes to a relative or orphanage.
For a parent, the most precious thing is his/her child. A parent would seek assist of the very best attorney to be with his/her child forever. An expert attorney can guide you the very best in protecting your rights.
An attorney has a vast experience in dealing with child custody instances. Lots of intricacies are involved in such instances that need expert handling that an attorney can offer.
Under the Federal Law, there are five kinds of child custody:
1) Legal Custody: Under the legal custody, the parent has the right to make decisions concerning the schooling, medical and dental care of the child. In countless states, the courts award joint legal custody to the parents. Under the joint legal custody, the choice-making is shared between the parents. Under a joint legal custody, in case 1 parent takes choice concerning the child with out the consent of the other, the other parent may possibly ask the judge to enforce the original custody agreement.
2) Physical Custody: It is the right of a parent lives with the child. In some states, there are arrangements where the child spends approximately half the time in every parent’s residence. The latter arrangement is considered only when there is amiable relationship between the parents.
3) Sole Custody: Under Sole Custody, the custodial parent has physical custody and legal custody of a child, and that the non-custodial parent has only visitation rights.
4) Joint Custody: Parents who live separately can opt for a joint custody, i.e., if they agree.
5) Bird’s nest custody: Bird’s nest custody is a joint custody arrangement where the youngsters remain in the family property and the parents take turns moving in and out.
Factors in Determining Custody
Whilst deciding for a child’s custody, the court gives maximum significance to the child’s most effective interests. The factors on which the choice concerning a child’s custody is taken are:
a) The child’s age, gender, mental and physical health; b) The parent’s mental and physical condition; c) The lifestyle and other social factors of the parents; d) The emotional bond between the child and the parent; e) The parent’s capacity to guide the child; f) The parent’s capacity to offer the child with food, shelter, clothing and medical care; g) The child’s established living style; h) The top quality of the school attended by the child; i) The child’s preference, i.e., if the child is above a specific age (frequently 12); j) The capacity and willingness of the parent to foster healthy communication and contact between the child and the other parent; k) The willingness of a new spouse to accept the child; l) Physical or mental handicaps that affect the child’s well-being.



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