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Custody
Child Custody Issues
Divorce can be especially hard on children. As a result, it is important to resolve issues of child custody as soon as possible. Determining what type of child custody and/or parent-time is appropriate can be difficult, so consulting a child custody attorney may be helpful.
Types of Child Custody
There are two basic types of child custody:
Legal custody - a form of child custody in which one parent has the right to make decisions about the child's upbringing.
Physical custody - a form of child custody in which one parent has the right to live with the child.
If the court awards joint legal custody it means that both parents share the rights, privileges, duties, and powers. Joint legal custody does not affect physical custody.
If the court awards joint physical custody it means that the child stays with each parent overnight for more than 30% of the year, or 111 nights, and both parents contribute to the expenses of the child in addition to paying child support.
Legal custody does not affect the amount of child support payed. Joint physical custody does affect the amount of child support payed, as it is based on the percentage of time that a child physically spends with a parent.
Sole custody - a form of child custody in which one parent has both legal and physical custody of the child.
Joint custody - a form of child custody in which parents share legal custody, physical custody, or both.
If the parties are unable to agree upon a custody arrangement, the parties may agree or the court may order, that a custody evaluation take place.
For more detailed information on the types of child custody and how custody is determined, contact one of our family law attorneys today.
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