When it comes to a separation or a divorce, child custody disputes can prove one of the most difficult topics. Parents who are about to undertake the legal process must understand the difference between joint and sole custody. With a learned Franklin county family lawyer, parents are likely to make sound decisions in the best interests of the child but upholding their rights as parents.
1. What Is Joint Custody?
Joint custody refers to the situation in which both parents are responsible in raising the child. This may be of two types, which are joint legal custody and joint physical custody.
Joint legal custody gives both the mother and father the ability to make critical choices concerning the education of the child, health, religion and the overall well-being of the child.
Joint physical custody implies that the child spends much time with each parent, but it is not necessarily a 50/50 agreement.
A family lawyer might help to develop a parenting plan which has a clear schedule, communication process and decision making. This is aimed to ensure cooperation and a stable environment to the child.
2. What Is Sole Custody?
In Sole custody, one parent has the major authority to decide on the upbringing of the child and in most instances the child is likely to be residing with that parent. The other parent is not required to have the custody, but he or she has the right to visitation.
The courts usually award sole custody where joint custody is against the best interest of the child like when there is abuse, neglect or substance abuse or abusive conflict between parents. A child custody lawyer will be able to make arguments and evidence demonstrating why sole custody might be the right choice or why it must be disputed.
3. Factors used in the Courts in Custody
Courts would consider the interest of the child when deciding what best fits a child to be raised in. The factors that will affect this choice include:
\\The capacity of both parents to be emotionally and financially stable.
- The interaction of the child with both parents.
- The age, health, and likes of the child (where possible).
- History of domestic violence or drug abuse.
- Goodwill of both parents to promote a good relationship between the other parent.
A skilled family attorney will make sure that your side of the bargain is heard and that your rights as a parent will be adequately present in court.
4. The role of Family Lawyers in Custody Cases
Custodial conflicts may be emotionally exhausting very fast. An expert family lawyer also assists the parents to move the legal system, submit the essential documents, and bargain on agreements that safeguard the interests of the child, as well as the rights of the parents. Lawyers in most instances assists parents to make friendly custody deals extra judicially, via mediation, and save time, money, and emotion.
5. Raising Your Child the Right Way
No matter what kind of custody you are seeking, whether joint custody or sole custody, the best interest should always focus on the child, his or her well-being and growth. Having a child custody lawyer that is qualified to work with is a great means to know your rights and prepare good documentation and to go through the entire process clearly and confidently.
Conclusion
The knowledge of the distinction between joint and sole custody enables parents to make rational decisions in a procedure which is in many cases a very emotional one. A caring family attorney will help you to secure your parental rights without putting the best interest of the child as a second priority.
