A Discussion on Child Custody

In most divorce cases the Court has jurisdiction over not only the divorce itself, but which parent will have custody of any children and what type of custody it will be. The court may also set visitation rights if the parties involved cannot come to some sort of agreement amongst themselves. Child custody comes in several forms and you should be familiar with the terms if you’re going through a divorce and have children.

Legal Custody

If you have legal custody of your children you can make all the decisions regarding the children that affect their health, welfare, and education. Physical custody gives you the right to be with your children.

Sole Legal Custody

If you are awarded sole legal custody you have the same rights as with a legal custody agreement but your ex-spouse has no say on any of these decisions such as the health, welfare, and education of your children.

Sole Physical Custody

In a sole physical custody agreement you are given total physical custody of the children and your ex-spouse is prevented from having physical custody of the children. This type of custody arrangement is typically used if your ex-spouse has abused or neglected the children during the time you were married.

Joint Legal Custody

With a joint legal custody arrangement both parents have a say in any decisions made regarding the children as far as health, welfare, and education. Both you and your ex-spouse have the right to be with the children.

Conclusion

During a divorce emotions run high and you may not be thinking as clearly as you normally would especially where your children are concerned. It’s important when going through a divorce or child custody battle to have a qualified family law attorney to represent your interests and the interests and rights of the children.