The Custody Of Children And The Law

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Child Custody

Often, courts must determine where children will live if parental alienation occur in family. The laws on child custody serve as a guide for judges when they must make these crucial decisions. The determination of who gets custody influences the support of children and other financial obligations. Family law attorneys with experience in child custody can help their clients negotiate a parental agreement or engage in legal proceedings.

Child Custody

Types Of Child Custody:

There are two types of child custody under the Family law:

  • Legal custody
  • Physical custody

Unless a parent is abusive or is not trained for some other reason, the courts grant this right to both parents. This is called “shared legal custody.”

Physical custody refers to the place of residence of the children and the time they spend with each parent. This is usually the cause of disputes regarding custody. When physical custody is granted to only one parent, this means that the child resides with that parent and spends most of that time with that parent. Shared physical custody is another way, in which both parents are assigned the same amount of time to spend with their children.

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Many states allow parents to come to a parental agreement on their own. If the parents agree on a plan, the court can then approve the agreement. If the parents cannot agree on custody of children, the court can hear the arguments of both parents and lawyers to determine the amount of time each parent should spend with the child.

Evaluations Regarding Custody Of Children:

Many family law courts order a third party appointed by the court to make an assessment regarding the custody of children. As part of the custody litigation, this person interviews each parent with and without the children present. If more people reside in the home, they can also be interviewed. The evaluator can also interview other people who have regular contact with the child, such as other family members, teachers, counselors and doctors.

The child custody evaluator may also request information and additional documents. All this work is done so that the evaluator can make an independent decision regarding the best interests of the child.  The attorneys provide advice on what to talk about during the evaluation process and what information to provide to the evaluator.

Child Custody

Joint custody brings with it advantages and disadvantages. As advantages of equal shared parenting are: the equal living together with each of the parents; Children do not feel estranged by separation or that they have lost one of the two, more independent and self-responsible children are forged. Children learn to be supportive, to share, to solve problems through agreements instead of litigation, to respect each other, to support each other. And as disadvantages, the transition or gradual adaptation between their two houses. Each house has its habits, its rules, its schedules.

In this transition of coexistence with both parents, to coexistence with one and the regulated visits, children must adapt many times to two different ways of life, to opposite customs, to different education norms, which in any case, they will serve for your personal growth.

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