| By :
Janelle Elizabeth
Usually there are several types of child custody described in most standard law books: physical, legal, sole and joint custody. Physical Custody The right to have the child live with one parent is granted through physical custody. When the child spends significant and relatively equal amounts of time with both parents, some courts will award joint physical custody. This also works best when both parents live near each other because this diminishes the stress on children and lets them maintain a somewhat normal routine. When the child lives with one parent only, this is considered a sole physical custody and is usually with the other parent having visitation rights. The extent of the visitation rights would depend on who decided the custody: the court or both parents themselves. Legal Custody The right and the obligation to make major decisions about the child's upbringing—including but not limited to schooling, religion, and medical care—are granted through legal custody, regularly through joint legal custody in most courts which means the right and the obligation are shared by both parents. When one of the parents excluded the other in making decisions, the latter can take the former back to court and implore the judge to enforce the custody agreement. The fines and short-term incarceration are obviously out of the question, but the embarrassment and friction resulting from this undertaking make harm the children. Being represented by an attorney would make it more expensive too! In extreme cases when one parent owns all the rights and responsibilities in the decision making process, the parent might file for a law suit and request for sole legitimate or sole physical custody. Sole Custody One parent can either have sole legal or sole physical custody of a child. Some reasons for the courts to favour one parent over the other would be when the other is deemed unfit due to alcohol and/or drug dependency, a new partner who is unfit, child abuse charges or neglect. Courts in most states are slowly veering away from awarding sole custody to one parent and instead are surely gearing towards expanding the role that both parents play in the upbringing of the child. When the courts award sole physical custody based on facts and findings, usually both parents share joint legal custody and the noncustodial parent benefits from liberal visitation schedules. Joint Custody When both mom and dad share the decision-making obligations and/or physical control and also the custody of the children - this is known as combined custody. This may be:combined lawful custody or joint physical custody and, joint lawful and physical custody.
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