When getting a divorce, you may hire cheap divorce lawyers and arrange the court costs but you must think about your children too. Children are most affected by the divorce between their parents. Child custody is included in the legal settlement present in the divorce papers so here are a few child custody facts.
Types Of Child Custody
Child custody can be of different types. These types are implemented by seeing the physical, mental and financial condition of the parent. There are cases where the whole custody of the child is given to a single parent while other cannot be around the child and there are also some cases where both of the parents are responsible for the child. Here are the types of child custody.
- Legal custody – This means that the parent has the responsibility of bringing up the child which includes school, religion and discipline. Legal custody can be handed to a single parent as well as both of the parents called joint legal custody.
- Physical custody – The parent that the child will live with is called physical custody. A child can live with both parents from time to time. If a single parent has all the physical custodial rights then the other parent is granted visitation rights to visit the children.
- Sole custody – If a parent is unfit physically or mentally to raise a child then the custody is given to the other parent. All of the responsibilities of the child is given to that parent
- Joint custody – This means that both of the parents share ownership and are responsible for the children
Suspension of Visitation Rights
A parent is granted visitation rights of its child because that’s the fair thing to do. However, he or she must pay the child support in order to keep seeing their children. Violation of any protocols set by the law can result in suspension on the visitation rights which includes not paying child support.
A Foreigner Having Custody
If both of the parents are unfit to claim custody of the child, whether it be from mental health or physical, the court will set a temporary guardian for the child which can be a relative or a foster care home. Others can assume custody of the child and retain their custody until either of the parents is cleared to assume custody.
Communicate With Your Ex-Spouse
In joint custody, both parents have equal rights over their children which means they can make the decisions for them legally without asking one another. However, this can create conflict and disagreement between the parents which can affect the psyche of the child. Communication is key before and after divorce to ensure you both plan the best for your child. Asking or telling your ex-spouse before doing something can minimize this issue.
Mothers Are Deemed the Best Parent For Custody
In most cases, mothers win custody for the children because she can love them like no one else and especially if the child is an infant. However, this isn’t the case all the time. Mothers can also be deemed unfit if they are substance abusers or mentally ill. This case can result in the father assuming custody for the child.
If one parent is not allowing visitation to the other parent, it is against the law. Both of the parents are recommended to live closer to each other so that they can easily visit the child easily. Moving the child away from the other spouse will require you to prove to the court why this would be in benefit of the child and you can do that by hiring a good divorce lawyer.
Changes Can Be Made In the Child Custody
Through court and a divorce lawyer, the child custody settlements can be changed easily. You can do that by mediation or in courts but you need to prove that things have changed and you will want to make some amends in the child agreement. However, the reason should be valid and in the benefit of the child rather than the parent itself.
Divorce lawyers Fairfax VA may make the divorce process easy but child custody is a delicate matter and parents must know these facts.