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The 4 Types of Child Custody

October 27, 2015
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While around 42% of Americans get a divorce after marriage and 60% after their second marriage, it’s not a proceeding that anyone wants for their future — especially if there are children involved. For families in particular, divorce can be tough.

custody lawyerCustody is a complicated process that can often be negotiated in a number of ways. Around 11% of custody cases are negotiated during the mediation process, but not all couples decide to undergo mediation. Negotiating custody can seem daunting, but with a custody lawyer by your side, the process can be easier for all parties involved.

Here is an easy breakdown of the kinds of child custody that can be negotiated during a divorce:

Legal Custody
Legal custody of a child means that the parent in question has the responsibility and right to make decisions about a child’s future. This includes decisions regarding the child’s schooling, religious endeavors, and medical care. In some cases, this can be award in joint custody, so both parents are in charge of making these decisions.

Physical Custody
Physical custody means that the parent can have the child live with them. For many states, joint physical custody can be awarded to both parents if they live in close proximity to one another.

Joint Custody
As described in previous definitions, joint custody means that both parents have equal rights in decision-making and responsibility for their child. Joint custody can be joint legal, joint physical, or a combination of the two.

Sole Custody
For sole custody, one parent has either sole legal or physical custody of the child. This means that they have the sole responsibility for the child. Sole custody is often rewarded to a parent when the other is deemed unfit due to reasons such as addiction and charges of child abuse or neglect.

To help see you through the complicated negotiations of custody, it helps to find a trusted custody lawyer. Custody lawyers will help to establish what kind of guardianship you can and should deserve and the correct legal steps to make it happen.

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