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How is Custody of Minor Children Handled in Divorce Cases?

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Fundamental kinds of Child Custody- Probably the most asked question in child custody cases is “Who is going to gain custody and visitation rights?” The answer to this critical question can be complex with a lot of factors that come into play, but there are some typical policies and information that becomes to have an effect when child custody is approved.

Parents must jointly decide on custody for children under eighteen in divorce cases. Arizona courts prioritize children’s well-being, considering natural or adopted status. Custody decisions focus on the child’s best interests, with courts granting joint or sole legal decision-making authority. This authority covers education, healthcare, and religious upbringing.

There are 4 fundamental kinds of child custody acknowledged under state laws:

Sole physical custody

– the children must live under and with the supervision of one of their parents. The parent’s arrangement for the other parent’s visitation rights needs the courts approval.

Joint physical custody

– each of the parents will have considerable periods of physical custody. To put it another way, each of the parents will have continual contact with their children.

Sole legal custody

– one of the parents is going to have the right and responsibility in making decisions concerning the health, schooling, and well-being of their children. The other parent maintains their visitation rights. Even though the courts prefer joint legal custody, sole legal custody is the most general type of custody arrangement.

Joint legal custody

– both of the parents split the rights and the responsibilities in making decisions concerning the health, schooling and well-being of their children. State law surmises that joint legal custody is in the minor children’s best interest if the parents work it out and present a practical “parenting plan.” Nevertheless, this type of custody isn’t always simple. It necessitates each of the parents to work together and set aside all of their differences.

What are Other Child Custody Circumstances?

Whereas it is the ultimate outcome to keep the children as involved as possible to each their parents, there are some occasions where a court might decide differently. When there is a history of domestic and/or child abuse in the home, the court will devise custody and visitation orders. This is carried out with the purpose of decreasing harm and keeping the children out of possibly damaging circumstances.

Serious mental health issues and a history of drugs and/or alcohol abuse will also considerably affect these decisions. Another critical thing to think about is the possibility of moving or relocating, in which could have a huge impact on parent’s rights. A lot of states now include guidelines restricting the parents’ relocation rights for custody reasons.

Visitation Rights in Divorces

In the past few years, lawmakers have found out visitation rights don’t convert easily into laws. The law does state that any individual having an interest in the children’s well-being is entitled to rational visitation. What is rational in one situation is not unavoidably rational in another. That is the reason why parents are left to determine rational visitation guidelines for others, including grandparents.

Am I Going to Need an Attorney For Child Custody and Child Support Matters?

Finding a family law attorney is vital for crucial decisions in the divorce process. They actively explain state laws and represent your rights in negotiations or court proceedings.

Source:

  1. LaMance, K. (2019, October 29). Children and the divorce process. Retrieved February 16, 2021, from https://www.legalmatch.com/law-library/article/children-and-the-divorce-process.html

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