In a situation where children are involved, the process of divorce doesn’t end at the singing of the divorce agreemnt. After filing the divorce comes the most crucial negotiations about parental rights and custody. These days the process is further complicated because of the increasing needs for parents to relocate due to their career prospects and financial need. However, an experienced Child Custody Attorney in Denver can handle the situation with sensitivity and help you ensure your child’s safety and future.
Here are the different types of child custody laws you need to know:
Physical Custody in legal context means that a parent has the right to live with the child. In some states, the law permits the child to spend a substantial amount of time with both parents. Often joint physical custody works best for parents who live nearby in the same city. This reduces the stress on the child and allows them to live fairly a normal routine. The parent with whom the child stays holds the custodial right while the other parent has the right for visitation or parenting time with their child.
Legal custody in this context refers to having the right and accountability to make decisions in bringing up the child. A parent who has the legal custody can make the decision about the child’s education, religion, lifestyle and health. There are many states that allow joint legal custody for both the parents to make decisions about the child. In the decision-making process if one parent excludes their former partner, then that person is liable to take action in court and ask the judge to implement the custody treaty between them. This will result in more friction between the partners and will mentally harm the children.
In circumstances where both the parents find it difficult to make decisions together, they can approach the judge with an experienced Denver Child Custody Attorney to claim for sole custody. Either of the parents can have sole custody or sole physical custody of a child. But they need to prove that they are fit to look after the child and provide them will all comforts throughout their upbringing. If either of the parents is alcoholic or have a history of child abuse they would be deemed as unfit. However in most cases, both parents make a joint decision about the child, one is deemed as the physical caretaker of the child while the other parent holds the right of visitation under the act of parenting agreement or schedule. It’s better not to seek sole custody until the other parent has intentions to hurt the child.
Parents who are divorced, separated or no longer staying together can have joint custody or shared custody of the child. They can share equal responsibilities in bringing up the child and in turn, the child can also spend quality time with each parent.
A number of questions are raised when the parents decide to separate. Along with the parents, the child also face difficult situations, so an experienced attorney can help you to get through this process without much hassle.