If you plan for divorce and you have children, then children will be the most critical issue in the process. Deciding where the children will live after the divorce can be very difficult, and later many complexities may come. So, the splitting parents must ensure that they should have child custody of their children.
A parent wishing to have the custody may file for physical, joint, sole, or legal guardianship. When it comes to child custody, the court may consider many factors and, based on that, may decide to look for the child’s best interest.
Types of Custody:
1. Physical Custody: In physical custody, the child can live with a parent. In some states, joint physical custody is awarded in which a child can spend a significant amount of time with both the parents.
In physical custody, a child lives primarily with one parent, and the other has visitation rights. The former one will have the primary physical possession of the child, and the latter one (noncustodial parent) will have visitation or parenting time.
2. Legal Custody: It refers to decision authority granted to a parent. Some state courts award joint legal custody to the parents. It means both the parents will have the decision-making authority.
In legal custody, a parent will have the right and obligation to decide the child’s upbringing. A parent with legal custody will have the right to determine the child’s schooling, religious upbringing, medical care, further education.
In case you have joint legal custody and want to exclude the other from the decision-making process, you can appeal for it in court and ask the judge to enforce the custody agreement, and you may ask for sole legal custody.
3. Sole Custody: Either if the parent can have sole legal custody or sole physical custody of the child. If another parent is deemed unfit, the court won’t hesitate to award the sole custody to one parent.
In most states, courts prefer to give joint custody instead of sole custody, thereby enlarging both parent’s roles in the child’s life. Whatever the circumstances may be between you and your partner, it’s best not to seek the sole custody of the child unless the other parent may harm your child.
4. Joint custody: In joint custody, both the parents share the responsibilities and decision-making authority. Joint custody can be:
Joint legal custody
Joint physical custody
Joint legal and physical custody
Click here to know more about legal custody.
Factors considered in the legal custody of Child:
Some of the factors the court considers while determining the legal custody of the child are:
Age of the child: Depending on the child’s age and the dependency on the parent, the judge may decide on the custody.
The parents’ financial condition: Court will consider the ability of the parent to provide for their child. The court considers the financial reliability and the ability to provide all the needs of the child.
Each Parent’s mental and physical condition: Court considers the parent who is both physically and mentally stable. Any parent having a severe illness can be bestowed custody rights.
Relationship between the children and each parent: Another important in determining the child’s custody. The court may check for emotional ties of the parents with the child.
Any past instance of neglect, abuse, or violence: Court will consider if any harm is done to the child by any parent.
How to File a Class Action Lawsuit?
A class-action lawsuit is a legal action filed by an individual or group of individuals against a single defendant. In such a lawsuit, several people should have suffered similar injuries due to the defendant’s action. It can be a useful and worthwhile way of earning money for the damages done by the defendant.
Many people who think they should file a lawsuit are not aware of how to file a class-action lawsuit and inquire about filing a class-action lawsuit.
Well, you as an individual can file a lawsuit against a company, organization, manufacturer, etc. As soon as the complaint is filed, a class action lawsuit starts. The complaint will state the legal ground for the class action lawsuit.
The plaintiff will then prove that they represent a class and will need a class certification. Then the judge will permit all the plaintiffs to proceed together. Read more about how to file a class-action lawsuit at getlegal.com.
Summary:
Divorce settlements are often challenging to deal with, especially when there are children involved. Getting legal custody of the child is not that easy as it seems to be. The court considers many factors so that the decision may be in the child’s best interest, and the child may not be the sufferer of divorce.
