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Thank you for your interest in our site. We do appreciate you bringing your question here for answer.
Because every situation and circumstance is unique, the answer to YOUR question may require a different answer or explanation than what is given here...
Wecolme!
Thank you for your interest in our site. We do appreciate you bringing your question here for answer.
Because every situation and circumstance is unique, the answer to YOUR question may require a different answer or explanation than what is given here.
As always, do not consider this to be legal or accounting advice. You should always consult a paid professional.
Child custody laws varies state by state and country.
When it comes to child custody, there are a lot of terms that can get thrown around. Often, it can be easy to misunderstand what exactly those terms mean. On the one hand, a term like “custody” has a literal meaning. If you have custody of something, it means that it is physically in your possession. However, few parents would speak about their child or their children as being a “possession” in the way that jewelry or a car might be a possession. Custody, as it relates to child custody, is a legal term, and carries with it very specific legal meanings and underpinnings that you have to be aware of to know what a phrase like “full child custody” means.
There are two specific areas that child custody refers to. The first area that child custody refers to is the area of legal responsibility and rights. Generally speaking, unless there is a compelling reason for the court to rule otherwise, parents will share joint legal custody of their children in a divorce. This means that parents both have the right and responsibility to make decisions for the child in important areas such as education, instruction in religion, and health care. When parents have shared or joint legal custody, both parents have the full authority to act on the child’s behalf in these areas. When only one parent has full legal custody, then only that parent has the right to make these sorts of decisions. Again, it is only in rare circumstances, such as when one parent has been convicted of child abuse or endangerment, that there would be sole legal custody.
The second area that child custody refers to is physical custody. Having full physical custody of a child means that the child lives with you a vast majority of the time. It does not mean that the non-custodial parent cannot see the child, or that the child cannot stay with the non-custodial parent. It just means that the child resides with you primarily. The non-custodial parent will still often retain joint legal custody even if you have full child custody in the physical area. In addition, the non-custodial parent may still also have specific visitation rights that you must, by law, comply with even if you have full physical child custody.
What Are The Steps To Getting Child Custody?
Getting custody of your child in a divorce proceeding can be a rather tricky thing. Depending on how amicable the divorce is, you may have quite an uphill battle. Even if the divorce is a relatively friendly one, your former spouse is going to be acting in a way that will benefit his position. However, there are certain steps to getting child custody that, if followed, can greatly increase your chances of getting child custody.
The first step to getting child custody is that you want to hire the right attorney. You want to hire an attorney with the knowledge, experience, and training about getting child custody. You can get recommendations for an attorney from a number of places, including a family lawyer, friends, coworkers, and even your state bar association.
The next step to getting child custody is often one of the least pleasant. You need to identify your strengths, as well as weaknesses, as they relate to child custody. In addition to going through this procedure for your own strengths and weaknesses, you need to go through the same procedure for your former spouse. You need to be brutally honest, especially when looking at your own situation, as it is very likely that your former spouse’s attorney will try to use some of those weaknesses to weaken your case.
The final major step to getting child custody is to figure out exactly what you want, and what you will accept. If you want full custody, you need to identify that, and be prepared to make a case as to why you should get full custody. If you are willing to enter into a joint custody agreement, or if you are willing to negotiate on this point, you need to identify this for yourself and for your attorney.
While these steps won’t guarantee that you will be getting child custody, they are at the very least the minimum first steps that you will need to take. Without these things, you will have very little chance of getting child custody.
