Are you planning of filing for child custody? To have an easy ride it’s important that you understand all the child custody rules.
Types of Custody
The law allows two types of custody: legal custody and physical custody. Legal custody is where you have the right to make the major decisions affecting your child. These decisions include: medical, religious, and educational. Physical custody on the other hand is the right to have the child under your care.
There are two types of legal custody: sole and shared. Sole custody gives you the right to make all the major decisions about your child. In shared custody you have to consult your partner before you make any major decision.
Who Has The Right Of Filing For Child Custody?
There are a number of people who can file for the custody of the child: Both parents, grandparents, and anyone who has taken care of the child for a substantial period of time. You can also seek a custody order if you have legally adopted the child.
When you file the case, the court will consider a number of factors when determining the child custody. Some of the factors that it will consider include:
- Child preferences
- Criminal convictions
- Past or present history of abuse
- Parent/guardian who is more likely to encourage or facilitate a relationship with the child
Before you are awarded the custody you have to undergo counseling. During counseling you will discuss many issues including the responsibilities that you have to bare when you are given sole or shared custody. It’s good to note that the court will also consider the advice of the counselor in determining the type of custody that it will award-whether joint or sole.
If you are planning of relocating to another state the court will hold a special hearing in order to determine whether you should relocate with the child. To make the right decision the court will consider a number of factors:
- Your relationship with the child before the move
- Reasons why your non-relocating partner is preventing the move
- How the child will benefit from the move
To increase the chances of winning the case it’s paramount that you hire a child custody lawyer. The professional will not only present you in court, but he will also conduct investigations that show why the other partner isn’t supposed to be awarded custody. The attorney will also give recommendations to the court.