Terms for Types of Child Custody

1) Legal Custody

If a parent has legal custody, then they have the right to make legal decisions for the child without consulting the other parent. These decisions include educational options, religious upbringing, medical treatment and similar issues.

2) Physical Custody

If a parent has physical custody of a child then the child physically resides at their address. They have the responsibility of providing for the child’s day to day needs. This is not the same as legal custody; all major legal decisions for a child are still the joint responsibility of the child’s parents.

3) Joint Custody

Joint custody is the term used a for custody arrangement when parents have equal physical access to, legal responsibility for and financial support of their child or children. These parents typically live in the same community so that children can move easily or freely between the homes during the week.

4) Sole Custody

Sole custody is the term used for a custody arrangement where only one parent has access to and legal responsibility for the child. The non-custodial parent typically has a limited visitation schedule and is still required to pay child support.

Contractual Terms

1) Parenting Plan

Parenting plan, or parenting arrangement, is the term used for the contract that is drawn up between the parents which outlines discipline style, details of the custody and visitation arrangement, division of holidays, payment of child support and other legal issues pertaining to the children.

2) Mediation

Mediation is the discussion that occurs with child custody lawyers, and in some cases a third party arbitrator, to resolve custodial disputes, rather than taking it to court. This is typically a less formal forum for discussion and results in a less stringent and more personalized custody arrangement.

3) Litigation

Litigation is the term for a judge’s role in resolving custodial disputes. A custody battle is litigated when it goes to court.

4) Child Custody Evaluator

A child custody evaluator is a member of the mental health community called on by the court, or a child custody lawyer, to evaluate the custody arrangement and each parent’s fitness, to determine what kind of arrangement best serves the socio-emotional needs of the children.

Negotiating a custody arrangement in mediation rather than before a judge is generally in the best interest of everyone involved. When a judge is forced to litigate child custody, he is looking at the best interest of the children and not the parent’s convenience. Custody arrangements devised by the two parents together is more fluid and more flexible. For example a litigated custody arrangement may have strict every other weekend arrangements, with two weeks of continuous visitation in the summer. This does not allow parents to flex visitation around family dinners, other family vacation plans or school activities. Parents who negotiate their own terms can build exceptions and provisions to meet their own interests and needs as well as their children’s. Negotiation also, typically, leads to a happier resolution, with less ongoing feelings of anger and resentment, which could damage the children’s relationship with one or both parents.

Negotiating a custody arrangement rather than allowing it to be litigated also saves a significant amount of money. The time required to assist a client’s navigation of a negotiation proceeding is significantly less than the time required for a child custody attorney to prepare for a legal battle before a judge. Negotiating out of court will save both parents court costs, lawyer retainer money and require less time off work than allowing the custody case to go before a judge.

The first step is to contact a child custody attorney and explain the situation to them. A good lawyer can often file for emergency custody and get the child removed from the abusive situation immediately. Emergency child custody does not give the non-abusive parent permanent full custody, but does give them temporary protective custody of the child while the courts resolve the matter.

It is equally important to contact the local police or sheriff’s department, or DFS and file a report. Having legal documentation of the abuse, including testimony from any witnesses, photographic evidence of any marks made on the child, an affidavit by the abused child and other forms of documentation recommended by your child custody lawyer will strengthen your custody case. Unfortunately the allegations alone are not enough. There must be evidence of the abuse.

When child abuse can be well proven in court, it proves that the abusive parent is unfit. In a case of divorce, the other parent will typically receive primary custody as a result. A judge will then decide what type of custody or visitation to assign the offending parent. In some cases, where the abuse appears to be an isolated incident, judges often recommend counseling for the perpetrator, but allows them to continue regular unsupervised visitation. Often, in cases where there is an ongoing pattern of abuse, or where there is a legal record to indicate they have a violent past with others, the abusive parent will only be allowed supervised and limited visitation, or in extreme cases their visitation may be revoked altogether.

Like all other custody cases, custody cases that involve child abuse are emotional legal battles and the support of a good child custody lawyer is essential to resolving the case in the child’s best interest.

Joint Custody

This is the preferred type of child custody. Courts are beginning to lean more towards granting joint custody, provided both parents are fit to have custody. This arrangement can take many forms and is flexible around what works for each parent and the child. Parents share the actual physical custody, where the child spends a large amount of time at each household. This situation is desirable because it allows as close to a normal routine as possible for the child. He or she can build a relationship with both parents.

Joint Legal Custody

With joint legal custody, both parents involve themselves in making decisions for their child. The parents consult each other and work together to make important decisions, such as schooling, religion, and finances. This type of custody is possible even if one parent has sole physical custody. Parents can struggle with the arrangement if they do not get along or the child spends most of the time at one household. However, this gives the child a more normal parenting experience since both parents work together in the child’s best interest.

Sole Custody

Sole custody of a child is either physical or legal. One parent is given full custody, responsibility, or legal control of the child. The other parent is usually granted visitation rights with an arranged schedule. This is a common in situations such as a parent who lives far away, the child spending most of their time at one household, or an unfit parent. In disputed cases, the mother is most often awarded sole custody. Courts are moving away from sole custody to encourage greater involvement of the biological father.

Split Custody

This is the least common type of custody, but is sometimes considered in situations involving two or more children. The children are separated and custody is awarded to both parents. The court considers preferences of parents and the children when granting split custody. When considering this type of child custody, attorneys must prove to the court that separating the siblings is a good idea. Courts may use a child custody evaluator to aid in this decision.

Third-Party Custody

Sometimes, neither parent is fit to have custody of the child. In these cases, the court will grant third-party custody to a grandparent, step-parent, aunt, or other non-parent. Courts will grant custody to a third-party if the child custody lawyers can prove the parent is unfit. This type of child custody may also be granted if the child has lived with the non-parent for a long time.

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Author Resource:- Juana Guarin

Below you’ll find information regarding how you can enforce your child custody rights with the help of a divorce lawyer in San Diego who has been handling these issues successfully for clients in the past and you’ll find information regarding how you can obtain the help of family law attorneys in San Diego, CA if you face this legal issue.

Retain Documents

One of the first things that anyone should do who faces this legal battle is to begin to gather and organize documents that could serve as evidence should the situation become adversarial. A child custody attorney in San Diego can make use of many different types of documents that speak to the other parent’s ability to properly raise and manage the upbringing of the child, so do not assume that anything you find or retain may not be important. Family law attorneys in San Diego, CA will help you decide what will be kept and what will not.

Retain Control of Yourself

When the issue of child custody between parents has yet to be decided, the situation is always stressful and uncertain for anyone involved. Therefore, the best way you can proceed is to maintain your cool and your emotional control during those times when you need to communicate with that other parent. The last thing you need to do is to provide evidence that can be used by the divorce lawyer in San Diego who will be working for the interests of the other parent.

Maintain Focus

The issue of child custody is one that can take a long time to resolve, and the longer this time period takes the more difficult it tends to become for parents. Therefore, you need to remain aware of the fact that this issue will not be resolved tomorrow, next week or even next month. You need to trust that the child custody attorney in San Diego who is working on your case is handling it properly.

If you are faced with the battle that involves the custody of your children, you need to seek and to obtain professional help as soon as possible. You can start by meeting with family law attorneys in San Diego, CA who have been fighting successfully for the rights of husbands and fathers for many years. Contact the Men’s Legal Center today to schedule an initial consultation.

Author Resource:- Neil Wilston

This has been said a thousand times but some people need to hear this again,placing the blame on parties outside you will not help you or your spouse.It is not a wise move to pigeon hole the situation that you are in.once you have gone through divorce do not attempt to stereotype individuals this will only lead to you having major issues find the right partner.Once the divorce is settled, give yourself time to get over the pain and agony before venturing out and looking for the right person to help you heal and love again.

Before you file for a divorce, you should be able to understand what is involved. You will want to know the way to go about filing for a divorce and what to expect in order to avoid any hitches along the way. A good divorce lawyer can give you excellent divorce advice that will help you.

You need to learn how to be brutally honest with your divorce lawyer in order to avoid getting any unpleasant surprises along the way. A consultation with your divorce lawyer can give you a pretty clear idea about how to start and end a divorce process. Don’t attempt a “do it by yourself divorce” if you and your spouse cannot agree on vital issues such as child custody. Do it yourself divorces are only good for people who have been able to comprise their needs and arrive at a mutual decision.

A tangible product of a divorce is fear. Formerly married people may nurse the fear that they cannot cope alone. Fear can cripple you in your new life as a single person and hinder you from making any progress after a divorce. So, if you have just had a divorce, let go of all the fears and negative emotions and start living live anew. You will be surprised at the amazing new things that will happen in your life to give you new found love, joy and happiness.

If you want to get divorced without spending money, then you and your partner should agree on those areas that tend to cause friction among people more. If you and your partner are able to discuss amicably about issues such as the house, money and kids, you will have a nearly painless divorce.

The divorce process is complicated, especially when children are involved. The entire family is affected and changed, and the process may be confusing and traumatic for you. When two people get divorced, they often face many issues such as child support, child custody, and spousal support to name a few. A child custody lawyer will make sure your custody agreement is fair to you and your kids. An experienced child custody attorney will also make sure the child support payments are fair. If you are a victim of domestic violence, a family law lawyer can tell you which legal steps should be taken. Speaking with a qualified lawyer is essential before you make any decisions and it will prevent future complications in your life.

Child custody issues are emotionally trying and legally complex for all the family members who are involved. Whether you’re a mom or a dad who is seeking custody of your kids, or if you’re trying to resolve a legal matter that pertains to your children, a child custody lawyer can help you.

The best attorneys provide exceptional legal representation to families and individuals who are dealing with child custody matters. By efficiently and effectively handling every aspect of your child custody case, a talented attorney will make your life easier and help you deal with stress and emotional issues. Family lawyers and child custody lawyers handle child custody issues in addition to fathers’ rights, grandparents’ rights, enforcement and modification of child support, modification of child custody, and paternity issues.

An expert attorney will make sure you understand your rights and your obligations pertaining to your children and help you achieve your goals. No matter what kind of child custody issue you have, you can find out what your options are by seeking the advice of a competent attorney.

The lawyer you select will play an enormous role in the outcome of your case. You need a lawyer who has the experience and skill that’s needed to handle your case in an effective manner. Family law disputes can be difficult for everyone who is involved, but a quality attorney will help you navigate successfully through this difficult time and help you obtain favorable resolutions for the issues that are affecting you.

If you have any questions, contact a child custody lawyer. An experienced attorney will answer all your questions, let you know what you can expect, tell you what you need to do, and help you resolve your case quickly. A good attorney will also create winning case strategies that will save you a significant amount of money and time. Contact a child custody attorney today to see the difference that can be made in your divorce or child custody matter.

My recommended tips for winning at custody are:

1. If you are not involved in your children’s lives now, you are not getting custody from a judge. If you are a working parent who lets your spouse handle all of the details of parenting, you are not prepared to win at custody. You must either change your objectives or change your parenting. If you really want custody, get involved now – in all aspects of your children’s lives. Get involved in your children’s schooling. Attend their extracurricular events. Take them to the doctor and dentist. Get to know what professionals your children see and be involved with them.

2. Make sure that you are not exposing your children to unsafe or unhealthy environments when they are with you. Are you involved in another relationship? Has there been more than one? Be very careful about exposing your children to your companion(s). Many judges, professionals, and other parents object to the children being subjected to other relationships too early in that process. More important, if you really want to win at custody, it should be because you want to spend time with your children parenting them. Spending time with someone else when you have the children is a recipe for losing at custody in court.

3. Do you put down your children’s other parent when the children are with you – either consciously or subconsciously? If you do, stop. One sure way to lose at custody is to hurt the children’s relationship with the other parent. A judge will consider whether a parent promotes or prevents the other parent’s access to and relationship with the children when seeking custody.

4. Winning at custody requires that you keep a calendar for everything. You need to be able to look back and remember details when it comes time to litigate custody. If you do not know when you had the children, what events you attended, where they were or you were or all of the times your spouse was not timely for a pick up or drop off, you will only hurt your own case. You can keep track on your own calendar, with your own journal, or with a professionally managed calendaring system.

5. Be on time…Be on time….Be on time. Few issues cause as much conflict as a parent who is persistently late in picking up or dropping off children. It irks the judges, it creates arguments with your ex or soon to be ex, and it stresses out the children. So, Be on time.

6. Be flexible. If the other parent wants to switch weekends or weekdays, do it if you can manage your schedule. When the time comes to tell the judge why you should have custody, you can tell the judge that you are the parent who makes sure that the schedule works. In a close case, this issue makes a difference.

7. Do not involve your children in the issues that are pending in court or with attorneys. Courts generally are very opposed to the children knowing the details of what are essentially adult issues. Children should be told that both parents love them and want to see them – that is it. The children may see a psychologist and/or an attorney or other professional if the court directs that. The children can talk to those people about your case – you should not be giving them the details, especially if giving the details involves denigrating the other parent.

8. Winning at custody requires considering one other very important factor: where do the children want to live. It is not a good idea to coach your children on this issue. They will have an opportunity to tell what they want to the court, their attorney or a psychologist. However, it is a good idea to know what they want. If they want to live with their other parent, you should not spend all of your time and money pursuing custody, unless you believe that it is unsafe or inappropriate for the children to live with that parent.

9. You do have to be willing to show why your children’s other parent should not have custody. So, you need to keep track of whether that parent is on time, involved, and flexible with the schedule. If that parent has any issues that affect custody, such as a history of mental health issues, which impact his or her ability to care for the children or alcohol or drug addictions, you need to let the court know. Other issues that can and do affect custody determinations include the number and frequency of romantic relationships and the exposure of the children to those relationship, the proper supervision of the children, and ensuring that the children attend school and see professionals such as a doctor and dentist when necessary.

10. Above all else, hire a good attorney and be open and honest with your attorney. Listen to your attorney, not some friend or relative who is sure about what you should do because they had a friend or a relative who got a better deal. If you are paying your attorney, listen to what he or she has to say.

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