The family law describes child custody as a way to offer the best care for a child. Thus, those that are going through a divorce or a separation and have children need to understand how child custody is established. In most situations, a child will live all the time with a parent who has full custody. But at the same time, the other parent has a legal right to visit and spend time with the kid. If you are interested in this family law topic, up next, you will find out everything you need to know about child custody.
What Are The Distinct Types Of Child Custody?
1. Joint Custody
Joint custody is one of the most frequent situations, and it refers to both parents sharing the legal rights about care and control of the children. Also, this implies that the child will live part of the time with one parent and part with another. Yet many couples are skeptical about this approach, as it means a lot of collaboration from both parts.
2. Shared Custody
Shared custody implies that the child will live with each parent at least 40% of the time. And this situation might be subject to additional family law regulations, including a modification on child support fees.
3. Sole Custody
Sole custody represents the situation in which one parent has the legal rights over a child, and the child will live permanently with the said parent. Indeed, the other parent will receive some limited access rights, but the power of decision over the child’s wellbeing will fall exclusively to the parent who has sole custody.
4. Split Custody
Recently, the concept of split custody entered family law. It refers to the situation in which a couple has more than one child, and each remains with a distinct parent. It is a form of joint custody, yet it is not as frequent as you might believe. The court can suggest split custody solely if it suits the best interests of the children. Overall, courts avoid such ruling, as it is agreed that children are better to remain together in case of a divorce or separation.
How Is Child Custody Established?
1. Agreement Between Parties
In almost all situations, if the parents reach an agreement on custody and access, the court will not act against it. As such, it is highly recommended by family law experts to attempt to reach an agreement between parents, so that disputes or custody issues are avoided.
If parents have a hard time deciding on child custody, the court can make a decision based on the Divorce Act, the Family Law Act, or pre-existing decisions made in court on similar circumstances. Courts have as their primary purpose the best interests of a child, which is why the custody will be ruled as objectively as possible. And, of course, the court will look for the safest and most stable environment in which a child received the best care and benefits.
The bottom line is that family law is the legal background that can help you achieve the best support for your child. And to do so, it is always best to ask for the services of a legal advisor on family law and child custody issues.