When married parents share responsibility for a child, they have equal rights and responsibilities for making decisions for the child. The concept of parental rights and responsibilities changes when parents get divorced, as they will typically no longer live in the same residence. Where the child will live and who will make decisions concerning the child’s care are called into question, and these questions are usually resolved through the legal processes of custody.
If you are looking to find out how to get custody rights for your children, then hiring a divorce lawyer Modesto, CA like Attorney Bernie is the best way. Divorce is never easy but with the help of an experienced family law attorney, it can be manageable.
Because courts generally agree that a child is best served through an ongoing relationship with both parents, custody is usually shared in some way between two parents after a divorce. There are two types of custody— legal custody and physical custody. Both types of custody can be sole or joint, and parents will need to agree how both arrangements will work after the divorce.
Legal custody is the right to make decisions about how the child is raised, such as their education, medical care, and religious upbringing. Sole legal custody is rare, and typically is only seen if a court determines that one parent is unfit to be involved due to factors like mental impairment or substance abuse. Joint legal custody means that the parents must share in decision-making. Both parents will have rights to the child’s educational and medical records.
It is important to hire a divorce lawyer in Modesto, CA like Attorney Bernie for custody rights when you are in the middle of divorce proceedings. Divorce can be very complicated and expensive, especially if it involves fighting over which parent will get custody of their children. It’s best to consult with an experienced family law attorney who can help you make sure that your needs are met during this difficult time.
Physical custody means the right and obligation to care for the child on a daily and ongoing basis, and determines which parent the child will live with. In a divorce, sole physical custody means that the child resides only with one parent. Joint physical custody means that the child lives with both parents according to a schedule that either the parents agree on or that the courts decide.
In many states, courts are moving from awarding sole physical custody to systems where one parent will be the primary physical custodian and the other parent will be the secondary legal custodian. Evenly split 50-50 custody is less common, as courts generally favor the concept that a child should have one place they are able to call home.
When one parent is awarded sole physical custody, the other parent is often granted visitation according to a parenting agreement or schedule. It is important to remember that even when one parent is awarded sole physical custody, legal custody is usually shared, and both parents will play a role in making joint decisions in the best interest of the child.
Obviously, the process of determining custody agreements can be very complex, especially when emotions are frayed from a tricky divorce. Parents should consult an experienced divorce lawyer in Modesto, CA like Attorney Bernie to guide them through the legal process, especially if they cannot reach an agreement outside of court.