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Child Custody And Divorce

In the case of a divorce where children are involved, the court will determine the custody of the child/children.  The exception to this would be if the parents have agreed on this matter prior to the final hearing of the divorce. Even if the parents have come to mutual decision the ultimate decision of the custody of the child is determined by the court. It is advisable to have a divorce attorney or child custody lawyer present at the final divorce hearing to argue your case if you are dissatisfied with the courts final decision concerning child custody.

Understanding the types of child custody with a child custody lawyer or divorce attorney is the first step in a child custody case.

Physical custody - custody given to one parent in which the child/children will reside with the majority of the time. Legal custody is the right to make decisions about the child’s/children welfare including health care, religion, education, and other factors that arise in a child’s life. One parent can have physical custody, but both parents can share legal custody.  

Joint Custody - an agreement often between the parents in which the child/children will spend an equal amount of time with both parents. Joint custody can be very difficult due to school jurisdictions and the location of the parents.

Split custody - often not considered to be in the best interest of the children, as with this type of custody the children are split between their parents and the siblings no longer live at the same location.

If the custody of the child/children was determine by the court and later down the line this decision does not work for all parties involved, including the child, a divorce attorney or child custody attorney can have the final decision altered so that everyone is happy with the arrangement.

In cases of unmarried parents, the majority of time, the mother is given sole physical custody unless the father files for custody and wins. The father does not have a good of chance to receive full custody of his child unless he can prove that the mother is an unfit parent. The help of the father’s divorce attorney or child custody attorney can dramatically change the outcome of the child custody decision.

In all cases of child custody, the court will determine what is in the best interest of the child including the wishes of the child if old enough to express, the mental and physical condition of the parents, religion, stability of the home environment, the support of extended family members, the interaction of other family members, school and community involvement, age of child, sex of child, and other issues that the court deems necessary. A child custody lawyer or divorce attorney is very useful in helping plead your case to the judge.

To learn the laws in your state governing child custody, you will need the expertise of a child custody lawyer or divorce attorney that can ensure your rights as well as the wishes and rights of your child/children are not violated.
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